Here at Borell Law, we get a ton of questions surrounding our Family cases, especially when it’s somebody’s first time going through a divorce or child custody/support arrangements. One of the most common questions is if your ex-spouse can take your child out of the state or county that you live in without your permission. Luckily, the law here in Florida is clear-cut - under any circumstances, your spouse cannot take your child out of state without proper authorization. Miami-Dade and Broward County have implemented a "status quo order" that enforces the stability of a child's life by prohibiting changes in schooling, home, and life activities without mutual consent. We’re going to dive a little bit deeper into the status quo order in this blog so that you can understand exactly what it means for your family.
The status quo order allows for the stability and continuity of a child's life in a divorce or separation. This order specifies that no changes can be made to a child's schooling, residence, or familiar life activities without the agreement of both parents - essentially meaning that no parent is allowed to move a child without the other’s consent, even temporarily. The reason for this order is to ensure the child has stability growing up and to keep their best interest in mind.
If you have found that your ex-spouse has taken your child out of the county or state, there are legal measures in place to help you get them back safely. One of the most effective actions to take is to file a "motion for a pick-up order." This motion asks for the court’s authorization for the immediate return of your child to their current location, ensuring they do not leave the state.
Here's what you need to know about the "motion for pick-up order" process:
Legal Action: You must consult with an experienced family law attorney to start the legal process if you do not already have one. They will help you draft and file the necessary documents, including the motion for a pick-up order.
Court Approval: The court will review your motion, consider the circumstances, and determine whether it's in the child's best interests to issue the order.
Involving Law Enforcement: If the motion is granted, you can involve law enforcement - such as the local police - to help facilitate the return of your child. This requires knowing the child's location, which is crucial. The authorities will then pick up your child and take them back to the local precinct so you can pick them up safely.
Compliance with Itinerary: It's essential to understand that even with an agreed-upon out-of-state trip, you should provide a detailed itinerary to your co-parent to help ensure transparency and accountability.
In Florida, specifically in Miami-Dade and Broward County, the status quo order plays a vital role in maintaining stability in a child's life during and after a divorce or separation. Under no circumstances can one parent take the child out of state without the other parent's permission. This is why there are legal measures in place to help you get your child back to you securely. For personalized legal advice and guidance in such situations, it is highly recommended to consult with a family law attorney who can help you through the process. Protecting your child's best interests should always be your top priority.
