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  1. #1
    Join Date
    Jun 2012
    Posts
    5

    Default Can Non Custodial Parent Be Denied Visitation if Moving Out of State

    My question involves a child custody case from the State of: FLORIDA

    I was wondering if the custodial parent can deny visitation to non custodial parent because they (non custodial parent) is moving out of state. The custodial parent says they don't have to agree with the non custodial parent moving out of state, and if which they choose to do so they will not see their child. There is a joint custody agreement between the two parents. 60% and 40%. Can the primary parent do this? Just because they say no? And when the primary or custodial parent says this the child gets upset then they lie and say they never said that. Will a judge deny visitation because the custodial parent says no and wont agree to the non custodial parent moving. Thanks for any help.

  2. #2

    Default Re: Can Non Custodial Parent Be Denied Visitation if Moving Out of State

    Courts generally restrict the custodial parent from moving, not the non-custodial parent. When a NCP moves either out of state or a significant distance that would impact any currently standing visitation order, then one of the parents needs to get back to court to negotiate a new visitation plan/order that take this distance (travel time) and potential expense (borne by the party who created the distance) into account. Until such an order gets in place, the custodial parent is still bound by the order already in place, and the court will expect the CP to make the child available according to the order, and the NCP to have the child back accordingly.
    Catherine NeSmith
    Executive Director
    AARDVARC.org, Inc.
    http://www.aardvarc.org

    #1 lesson: The only person who can give YOU legal advice is YOUR attorney

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