Home People Can I Move Out of State With My Child Without Father’s Permission?

Can I Move Out of State With My Child Without Father’s Permission?

With over 8.5 million single parent mothers in the United States, this is a normal question that can be rather complicated to answer. Depending on if you are currently married, the child was born out of wedlock and/or if the father’s rights have been legitimized via court order, there will be varying options for the mother.

There are many instances in which you may need a family lawyer to help you to answer more specific inquiries regarding what situations will allow you to move and which ones will not.

Before you decide to take any drastic measures, it is advised that you reach out to a Family Law Attorney in Miami and discuss your options.

Situations That Will Limit Your Ability to Move

Family Law in Florida limits a mother’s right to move without the father’s permission in a few instances. The situations that will require permission from the father and/or courts are outlined below:

  1. Divorced: When divorced, you are not allowed to move more than 50 miles away from your current residence without the permission of the father and/or courts.
  2. Unwed Parents: If you have gone through the courts and paternity has been established as well as a parenting plan put in place, you will not be able to move more than 50 miles away from your current residence without permission from him and/or the courts.

It is important to note that moving more than 50 miles away from your current residence without the permission of the child’s father and absent the court’s approval will likely garner unfavorable results, such as being held in contempt and ordered to return until the case is settled.

When The Law Allows You to Move Without Father’s Permission

While Family Law in Florida is clear about restrictions on moving without the permission of a father that has parental rights intact, it also allows for mothers to have the ability to move without permission.

  1. Currently Married: If you are legally married to your spouse and do not have any type of parenting plan via the courts in place, then technically, you can move your child out of state without the permission of the father. Though, if the father decides to file for divorce in Florida, you may be ordered to bring your child back until the case is settled.
  2. The Father Agrees: When the father of the child agrees to the move, you are allowed to move to an agreed upon state. If there is a parenting plan in place, you will more than likely have to make amendments.
  3. Unwed And Paternal Rights Not Established: In this situation, the mother is under no obligation to notify the father or courts of the move and can travel freely with her child.

Should I Get A Lawyer Involved?

When the mother and father of a child agree on the move, it is not typically necessary to involve a family lawyer. However, if the father vehemently disagrees with the move, you will have to go to court. If he is legally represented and you are not, you may find yourself at a disadvantage. It is best to seek the counsel of a seasoned Family Law attorney to ensure that you enter the relocation process on equal footing.

LEAVE A REPLY

Please enter your comment!
Please enter your name here