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In Florida State shared-parenting situations, if one parent wants to move the child out of state, she will either need a written agreement with the other parent, or she will have to file a petition to relocate with the court. This petition must include information regarding the intended primary residence, including the address, phone number, date of anticipated move and a written statement explaining the reason for the move. The other parent can object to the move by filing a petition with the court. This petition can prevent the child from being moved out of state until a final determination is made by the court. In determining whether or not to allow a child to be moved out of state, courts will take into consideration the financial, educational and emotional benefits that the move might have on the child. If it is determined that an out-of-state move will improve a child's well-being, a court can grant an approval to move, provided that the parent who is moving the child out of state has established a fair parenting plan with the other party. Failure to object with the court can result in an approval to move.

Leaving with your children, without due notification, may be considered as kidnapping and could cause you substantial legal and financial difficulties. In some instances, should you leave the area without affording due process to the other parent, the parent paying child-support could suspend all payments until such time as you return to court.

Open communication is always best. Taking such an action unilaterally could have a devastating impact on your children and cause emotional trauma. This could lead to a dysfunctional dynamic between you and your children, impacting their abilities to interact with both you and future partners. Under Florida law, child custody and child support are regulated to protect the rights of the child and the parents.

Even when a divorce is amicable, each parent should seek help from a qualified organisation or legal advisor to insure the best outcome for all involved.

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12y ago

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