Fort Lauderdale Child Custody: Can My Ex Take Our Child Out Of State Without Permission?

You’ve worked hard to build a custody schedule that keeps your child’s life stable, but then your ex suddenly announces plans to take your child out of Florida, or worse, they just leave. Few situations cause more panic for parents.

Can your ex take your child out of state without your permission? Our experienced Fort Lauderdale child custody attorney explains how the answer depends on your parenting plan, Florida law, and whether you act quickly to enforce your rights.

How Florida Law Applies To Relocation When A Fort Lauderdale Child Custody Order Is In Place

In Fort Lauderdale child custody cases, Section 61 of the Florida Statutes dictates that a parent cannot relocate a child more than 50 miles away for more than 60 consecutive days without the other parent’s agreement or a court order. That includes out-of-state moves. Here’s what this means in practice:

• Relocation requires consent: Both parents must sign a written agreement, or the relocating parent must petition the court.
• Emergency exceptions are rare: Medical treatments or temporary trips may be allowed in rare cases.
• Courts use a “best interests” test: Judges weigh how the move affects the child’s education, health, and relationship with both parents.
• Unauthorized moves can backfire: A parent who leaves without permission risks contempt charges, custody changes, and reduced time-sharing.

In short, your ex cannot just pack up and leave Florida with your child. If they try, the court has tools to stop it.

What to Do If Your Ex Threatens to Move

Finding out your ex is planning to leave the state with your child is terrifying. Fortunately, you have options, provided you have a Fort Lauderdale child custody order in place. Take these steps to protect your parenting rights and your child:

• Review your parenting plan: Most Fort Lauderdale custody orders include relocation and travel terms.
• Document threats or plans: Save texts, emails, or social media posts where your ex talks about moving.
• File a motion: If your ex threatens relocation without consent, you can request an injunction to block it.
• Contact law enforcement if needed: In extreme cases, police may intervene if a parent removes a child in violation of court orders.
• Stay child-focused: Stay focused on your child’s safety and stability, not punishing your ex.

You don’t have to wait until your ex is already gone. The Broward County Family Court will act on credible risks to stop a move before it happens.

To Protect Your Child and Your Parenting Rights, Contact Our Fort Lauderdale Child Custody Attorney

If your ex is planning or even threatening to move your child out of Florida without your consent, you need to act quickly. The court system takes relocation seriously and has safeguards in place.

At The Law Office of Sandra Bonfiglio, we help Fort Lauderdale parents file emergency motions, enforce custody orders, and keep children from being taken unlawfully across state lines. Don’t let your rights or your child’s stability be compromised. Contact our Fort Lauderdale child custody attorney and request a consultation today.

Sources:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.13001.html

browardclerk.org/Divisions/Family