Can a custodial parent move away with the child?

In Florida, a custodial parent has the right to move away with their child unless there is a court order or written agreement that states otherwise. Generally, the custodial parent is the one with primary physical custody, which means the child lives with them the majority of the time. In the absence of any court order that explicitly prohibits a custodial parent from moving away with their child, the parent may move with the child provided they give the other parent 60 days’ notice. This notification is required by Florida law, and any deviation from it could be construed as a violation of the custodial parent’s legal rights. However, if the non-custodial parent disagrees with the custodial parent’s relocation and wishes to contest the decision, they can file a petition with the court in the county where the child currently resides. The court will then decide whether the relocation should be approved or denied. If it is approved, the court may also set conditions for the relocation, such as requiring the custodial parent to provide the non-custodial parent with updates on the child’s academic and health progress. In any case, it is important that both parents remain in communication and work together to come up with a plan that meets the needs of the child. Ultimately, the court will make a decision that is in the best interest of the child.

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