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Custody orders and taking a child out of the state or country

A parent who is separated or divorced and who is concerned that the other parent might take their child out of the state or country might wonder what legal options exist to prevent this. A Florida judge can take steps to protect against this if there is evidence that it might occur.

A judge will take the individual circumstances of the situation into account and may choose among several options. The parent could be prevented from leaving the state or country with the child without a court order or notarized written permission from both parents. The judge may restrict the child from being taken to a country that does not a signatory to the Hague Convention relating to international child abduction without the permission of the other parent. The parent may be required to surrender the child's passport or an alert may be put in place if a parent applies for the child to get a passport. A bond might also be required that would cover expenses in the event of an abduction.

However, a parent who is guilty of domestic violence might try to take these measures against the other parent. If this happens, the parent who was the victim should show evidence to the judge that the domestic violence took place. This could excuse the person from the measures.

In other cases, a parent might want to move to another state or country and may go through the court system to get permission. This could have an effect on custody and visitation. A judge may not permit a custodial parent to move out of the area and take the child, or it might be necessary to put a child custody modification in place. This might also change child support, and this requires applying for a child support modification as well.

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Wood & Associates, P.A.
980 Airport Road, Suite A
Destin, FL 32541

Phone: 850-502-8978
Fax: 850-424-7468
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