What are the consequences of moving out of state with a child without the courts approval? We just found out our lease won’t be renewing for our apartment and with the insane cost of renting in Florida now my husband and I simply can’t afford to stay here and keep a roof over our childrens head. The average rent right now starts around $2,400 and goes up from there which is impossible for us to afford and we’d never even qualify for anything because they require 3x rent in income which we don’t have even with both of us working full time. So we have absolutely no option but to leave Florida and we only have 5 weeks to be out of our unit. We were both offered jobs by my husbands mother if we move north to where his family is but we’d have income immediately and a place to rent to that’s 1/3 of what it cost in Florida for a bigger place. My daughter does school virtually so she would be able to continue to do school through that same program. But she’s 13yrs old and in 9th grade so she’s older and she’s never met her biological father. He’s currently trying to fight me for 50/50 custody despite having no place of his own to live, a permanent injunction on him for dv involving his other children and their mother, and admitted continued marijuana use multiple times daily to the judge in that case just a few weeks ago. He doesn’t live a stable life that my daughter should even be exposed to especially not when I’m the only parent she’s even been with and known. I plan on filing the paperwork to ask for permission from the court to relocate but I know he’s going to fight me on it especially if the court grants him some sort of custody/visitation when we go to trial next week. But we have absolutely no choice but to leave this state and we have other children we have to also think about being able to support and keep housed we can’t just have our entire family on the streets because of this man that’s never been part of her life and isn’t even stable.
But what exactly are the consequences that I’m looking at if the court doesn’t grant me permission to move with her(since I know he’ll fight it) and I do it anyways because we literally have absolutely no choice? We have no place to go, no family here to help, nothing. Up north we have jobs waiting, a place to rent we can afford, family to help us out, etc but am I going to end up getting arrested because we have no choice but to move and I refuse to leave my daughter behind by herself when she’s 13 and I’m the only parent she’s ever known? I’m from Florida
What are the consequences of moving out of state with a child without the courts approval
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Go to the court house and speak to the circuit clerks office. See if you can get an emergency appearance before the judge. Explain the situation maybe you can get a temporary order allowing you to go until a more concrete court date can be set
File right now don’t wait
I agree with others to file immediately, but I wouldn’t be too worried. She’s never even met him? Why is is trying to get 50/50 now?
I filed for child support and he can’t afford to pay and doesn’t want to do he requested 50/50 to try and get out of paying it. He’s got 6 children with multiple people and never paid to financially support any of them A couple of them he’s not even legally allowed around anymore unsupervised due to a current permanent injunction for dv.
You can get contempt of court and lose your children… contempt of court is jail time
The consequence is you get to move…. without your kids.
Can you wait until next week to see if he gets the 50/50?
Just because it’s pricey in that area you could still move a good distance away within the state and be okay I believe.
I was told by my attorney that you can move wherever you want unless it’s stated in the agreement that you can’t. With an open case, i don’t know how that would work. But I was told no one can dictate where you live
The most recent agreement doesn’t specify distance in it I do know that much
you could always get a consult from an attorney that specializes in your state. But I think you’d be safe to do it as long as you made an appearance in court still
Does he have any visitation at all? Do you have current custody orders?
If not, I can’t see that they would make you stay. NAL
This IS parental kidnapping. The kids would be removed from your care. I doubt you would be jailed, but you would probably only get monitored parenting time if you elected to go back to Florida.
There is more to this story. But I can tell you that moving while a court case is in motion is going to cost you more than you think. They see that as a direct attempt to alternate the other parent. They don’t care about your finances.
Don’t. Do. It.
If there is nothing from court saying you cant go and its active in court with him fighting you then you can go. Our paper work my ex had immediately stated no one could move or even leave the county. If not I wouldn’t worry about it. NAL
Don’t even risk it. Go through the courts and do it properly.
If you are in the middle of a custody case then you need permission to relocate and can face some serious consequences if you resort to self-help. There have been MANY many cases where a parent successfully moved to another state without seeking approval from anyone prior to relocating. However, there are also numerous cases where a parent was forced to go back to their hometown. It all depends on the law and the circumstances. In your case, since the biological father is seeking some form of custody, you wouldn’t be able to relocate very far.
Do you have a custody order in place? Does it say anything about moving out of state? My order states I have to notify my ex anytime I take my daughter across state lines even though my ex and I don’t live in the same state which is ridiculous. I would also try filing for an emergency custody hearing but I would ask your mother in law for permission to use her house as a permanent residence until you find a place of your own. I cannot see anybody with an ounce of common sense allowing your ex visitation or custody but common sense is severely lacking with some of the magistrates. One final yet very unfair option is asking the ex to allow you to move out of state if you drop child support which is a load of crap but will probably work. You’ll unlikely to ever see a dollar of it anyway.
How is it worded in the custody agreement? I am not allowed to leave the state. Even 2 hours away was a whole big court case. And I have 80% custody.
You need permission to relocate, if you relocate a judge can order you to move back.
They can take your child from you and put your child with an awful person please don’t do it. Explain your situation to the courts it maybe they will help you out. Have you thought of buying instead of renting? So many people think that they cannot buy when they absolutely can there are so many programs out there
Many years ago I lived in New York I was divorced from my ex-husband but he did pay child support and he did have visitation although we had to meet at a police station. Because of his history of domestic violence and drug use I was able to determine whether or not I would leave the kids with him if he appeared intoxicated. I finished college and got a job in Florida, and went to court and told the judge that I could not afford to live in New York and raise my kids. Same situation just kind of backwards, because my new job was paying me so well and I was able to buy a home in Florida the judge allowed me to leave. I guess every case is different but also this was quite some time ago… but he did try to stop me, he did have visitation, and he did pay child support which the judge ordered that he continued to pay after I moved. I was able to prove to the court that I could give them a better life outside of New York in Florida near my mother with my new job and a house. I don’t know if that helps at all but it reminded me of my own situation. Only reversed BUT***IF***I HAD MOVED TO FLORIDA WITHOUT GOING TO COURT I KNOW I WOULD HAVE GOTTEN IN TROUBLE. DO IT THE RIGHT WAY TELL THE JUDGE WHAT I DID THAT YOU CAN GIVE HER A BETTER LIFE UP NORTH WITH HELP HOUSING AND BETTER JOBS. I wish you all the best I don’t know why a judge would prevent stop you from providing your children with a better life especially if she has never even met their father. You are her primary caregiver at 13 years old she is only 5 years away from adulthood. Please go to court and do it the right way that way you will not wake up one day to a nightmare and police all over the place.
I don’t know how it is in Florida as i just moved here im September but when I was doing research from when I switched states with my Son from Indiana when it comes to the courts all I had to do was prove why it was tje best option for my son so I already had a job lined up I had more moral support here if you can show why moving is the best thing it is possible weather her dad fights it or not that they could let you move state