What if You Fear Your Ex May Take the Children out of State in Violation of the Timesharing Plan in a Florida Divorce?
In every family law case involving parenting, there will be a timesharing plan ordered by the court. That plan will include a time schedule for when each parent will be with the children. What do you do if you find out that the other parent may be planning to take the children out of state, in violation of the plan?
The Florida statutes provide a way that you can ask for help before the other parent is already gone for parts unknown with your children. They set up a procedure where you can present "substantial competent evidence" to the court that there is a risk of the other parent violating the court order by removing the child from the state.
If the court agrees that the risk exists, an order can be entered that the other parent may not remove the child without a notarized written permission statement from you. In addition, the court can require the posting of a money bond which will be forfeited if the child is removed. The court can also require the surrender of the child's passport. Your expert Florida custody lawyer can help you through the process.
Bottom line: Talk to your Florida divorce attorney about the steps you can take to ease the worry of your children being taken out of state without you knowing about it.