Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“I have read about the subject of relocating with a child in Florida, How the courts make the decision and so forth. But my question is, what happens if the mother takes off with the child with no warning or consent from the father, across the U.S.?
Is this illegal? Will authorities bring the child back to Florida? Is there something I need to do to keep the mother from leaving with the child? I am the secondary residential parent with visitation and the court order states nothing of relocating.:
Question: You need to consult with a family law attorney in Florida. However, generally speaking, if a custodial parent takes a child away such that the non-custodial parent is unable to exercise their court-ordered parenting time (visitation), then the custodial parent is in violation of the court order, and may be guilty of parental kidnapping. In such a case, the non-custodial parent should be able to get an emergency court order transferring custody to them, and ordering that the child be returned to them.
