The domicile or residence of the child typically cannot be moved from the state without the prior approval of the court or judge who awarded custody. If the custodial parent moves the domicile of the minor child out of the state against the wishes of the non-custodial parent and without the permission of the court, then the court may sanction orders of contempt.

An order to permit a parent to move a child from the state is often required before a move can occur especially in contested relocation or move-away cases. The relocation or move-away order may be entered either by consent of both parties or by the court after a hearing.

Often court orders will include a change of domicile provision stating that the custodial parent shall not remove the minor child from the state without prior approval of the court. The reason for this provision is to protect the non-custodial parent’s rights to visitation and to ensure that a custodial parent’s move out of state is legitimate and the motive is not to frustrate or deny the non-custodial parent access to the minor child.

For more information on state florida child visitation laws click here

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