When parents are not divorced yet, can one parent move with the children out of Florida?
If the divorce has been filed, then usually no. That is because the court will issue a temporary standing or administrative order barring either spouse from moving away with the children during the divorce proceeding. Additionally, the Florida Relocation statute specific to divorce, prevents either parent from moving away with the children further than 50 miles away from the other parent. The one exception might be if there is an allegation of abuse or domestic violence. In those cases the children may need to be separated from the abusing spouse. There are specific timelines and rules if one of the parents would like to petition the court to move beyond the 50 mile limit or out of state. The biggest concern however, is what is in the best interests of the child. Therefore, if you are considering leaving the state or further than 50 miles from the other parent, and you do not have your spouse's written consent, you should certainly seek an attorney to seek what your options are.