Is it illegal to remove your child from a county without the other parents consent?

Amber Dennis

New Member
Jurisdiction
Florida
What are the laws concerning physical jurisdiction? Can my ex- legally take my child from Central Florida to North Florida without my permission. DCF has removed her from my care temporarily and placed her with her father. I am upset with this and I just need to know if it is legal?
 
What are the laws concerning physical jurisdiction? Can my ex- legally take my child from Central Florida to North Florida without my permission. DCF has removed her from my care temporarily and placed her with her father. I am upset with this and I just need to know if it is legal?

A parent would normally look to an existing custody order to answer your question.

In your predicament, DCF seized the child when it was taken from you.

DCF in turn gave EMERGENCY custody to the child's father.

Your existing custody order was rendered useless once DCF snatched your child.

It might not be legal, but even if it is illegal, there's nothing you can do about your child being DCFnapped unless you hire a lawyer to repel DCF by initiating a court battle.

You can demand DCF supply you with a lawyer, instruct the lawyer to represent you in obtaining physical custody of the child.

You could hire a lawyer to do the same thing.

Unless the matter is taken before a judge you'll continue to be taken advantage of by DCF and your child will exist in DCF nevernever bizarro world.
 
An attorney told me that a safety plan was not legal though. I just dont understand any of this.




The moment DCF DCFnapped your kid, DCF is required by law to provide you a DCF funded attorney to protect your parental and human rights.



Under Florida law, when the Florida Department of Children and Families www.dcf.state.fl.us makes a recommendation that a child be removed from a parent's custody as a result of abuse, neglect or the inability to properly care for the child, the parent has the right to a fair hearing on the matter within 30 days.



When a parent's custodial or legal rights are called into question, Florida law mandates that the parent has the right to legal representation in order to ensure that the parent's rights are equally represented.



If the parent is unable to afford to pay for an attorney on his own, he has the right to request that an attorney be appointed to represent the parent.



Florida law also mandates that the parent has the right to present relevant witnesses to testify on the parent's behalf and to present evidence to support the parent's innocence and demonstrate the parent's fitness.



Under Florida law, parents have the right to petition the court to regain custody of their child once the parent has successfully completed all necessary parenting classes, drug or alcohol treatments, and court-mandated counseling.



However, the parent must demonstrate clear and convincing evidence that she/he no longer poses a risk to the safety and security of his/her child(ren) and agree to undergo regular follow-up visits with the Florida Department of Children and Families IF THE COURT DEEMS IT NECESSARY.

Ergo, the court MAY not deem any continued contact between parent and DCF to be NECESSARY.
 
What are the laws concerning physical jurisdiction?

"Physical jurisdiction" is not a term that has any known legal meaning. Perhaps you're misusing the term to describe something that is known. Regardless, listing out all of the "laws concerning" Subject X would not likely serve any useful purpose.

Can my ex- legally take my child from Central Florida to North Florida without my permission.

No way for us to know. For starters, is this an ex-spouse, an ex-boyfriend/girlfriend? Something else? Is there a divorce decree or custody order and, if so, does it say anything about traveling with the child? It's not uncommon to prohibit either parent from removing the child from the state without the other parent's written permission or a court order. However, an order that prohibits travel within the state would be relatively uncommon.

DCF has removed her from my care temporarily and placed her with her father.

That will obviously play a factor in this. Does the DCF placement order impose any limitations on the father traveling with the child in-state? If not, and if your divorce decree or custody order doesn't impose any such restrictions, then it's legal. No law is so intrusive.
 
If there is no court order preventing the other parent from moving with the child then it is not unlawful to do so. Usually that language is in the order though.
 
When my EX and I divorced there was a clear provision that said NEITHER of us could move children outside of the 7 county So Cal area for purpose of changing residence without written consent of other parent. Unless you have orders similar to this the move was likely lawful.
 
Back
Top