Can I move of out state with my 2 children?

Thank you for your question. The advice you received thus far, as you relate it, is not correct. You said he is obligated to pay child support, likely through the Child Support Enforcement/Florida Department of Revenue process. If so, then he has been found by the administrative judge to be the father as a matter of law. You will see this in the Final Administrative Child Support Order. Since he is the “legal” father of the children, you cannot relocate out of the state unless you have the father’s written authorization or you have received a Circuit Court order to leave through filing a relocation case (Chapter 61.13001, F.S.). Failure to obtain either the written consent or the court order PRIOR to relocating can subject you to an order to be obtained by the father to have you return the children to Florida. You should consult with a more knowledgeable family attorney to assist you with the relocation case. Certainly, the domestic violence, child support arrears and drug use by the father will weigh in your favor as will the fact that you will be stabilizing the children’s lives by (presumably) marrying your fiancé. The reason for your move to South Carolina, the new timesharing schedule you will be creating for the period after you move, and the details of your prospective lives in South Carolina should all be part of your discussion with the lawyer.  Good luck!

Thank you for your question. The advice you received thus far, as you relate it, is not correct. You said he is obligated to pay child support, likely through the Child Support Enforcement/Florida Department of Revenue process. If so, then he has been found by the administrative judge to be the father as a matter of law. You will see this in the Final Administrative Child Support Order. Since he is the “legal” father of the children, you cannot relocate out of the state unless you have the father’s written authorization or you have received a Circuit Court order to leave through filing a relocation case (Chapter 61.13001, F.S.). Failure to obtain either the written consent or the court order PRIOR to relocating can subject you to an order to be obtained by the father to have you return the children to Florida. You should consult with a more knowledgeable family attorney to assist you with the relocation case. Certainly, the domestic violence, child support arrears and drug use by the father will weigh in your favor as will the fact that you will be stabilizing the children’s lives by (presumably) marrying your fiancé. The reason for your move to South Carolina, the new timesharing schedule you will be creating for the period after you move, and the details of your prospective lives in South Carolina should all be part of your discussion with the lawyer.  Good luck!

No, you cannot just leave with the children or you will definitely end up in trouble and potentially lost primary timesharing.  The only possible exception would be if you have sole parental responsibility.  Since he will not agree to an offer, you have to give him the formal 30 day notice (if you did not do so already) and then if he objects, you will have to bring a court petition to request approval to move.  It is a heavy burden of proof.  However, the facts you recite as to the father will assist you in that proceeding.