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Baginski Brandt & Brandt Port St. Lucie Criminal & Family Attorneys
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When parents are not divorced yet, can one parent move with the children out of Florida?

Unless both parties agree that somebody can relocate with the children, no. The parties need to stay put in Florida. If one party takes off with the children to another state or to another community, that makes it impossible or difficult for a parent to have a proper relationship with their children and proper time with their children. The judge can force the party to return to this community with the children, and then, they can choose to leave on their own, but the children would remain behind.

In order to relocate, there are certain factors that have to be met. Before a divorce, obviously, those factors can’t be pled. Before somebody gets divorced, they should remain put.

If they do take off, it’s important for you to talk to your attorney right away. Don’t wait. The longer you wait, the more it appears that you’re complicit in the other party disappearing with your children. Talk to your attorney right away. We can file the proper motions with the court, and we can work to bring your children back to you.

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