Relocating with the kids
You got primary residential care ("primary custody") of the kids, and now you or your new spouse wants to move out of state for that great new job. What do you have to do to move?
In Florida, you must (that's MUST) notify the other parent before you can move more than 50 miles away. You notify the other parent (and anyone else with visitation rights) by giving them a written notice and at least 30 days to file against you in court. The notice has to be sworn to and signed before a notary, along with some other technicalities.
The other parent then has two choices:
1) Enter into an agreement with you to specify how visitation and transportation will work once you move, or
2) Let you take them to court within 30 days after their notice time is up.
If you go to court, the judge will decide what's best for the kids. The judge will look at how visitation will be affected, whether step- and half-siblings will be affected, the life the kids will have at the new location versus the current location, the impact on education, the impact on emotional and physical health, special needs of a child, etc.
posted by Brent @ 4:24 PM
4 comments
4 Comments:
My sister put in a motion to leave the state - by the way her ex has only paid enough child support in 2 years to cover one full month of payments. She has not received a check in over 1 1/2 years. The judge motioned for a home study to be done in Florida (she is trying to move to Tenn) and this would be the second home study in FL. They just had one done not even 1 year ago. Why would he ask for another one to be done? Using the same people from the first one? Her ex doesn't even show up half the time for visitation (she releases the kids to her ex's mom), he is a known alcholic and drug addict, doesn't pay child support, and the kids (6 & 8 yrs of age) don't want to go see him.
Don't know. Must be more going on here than you're aware of. Obviously, a judge won't order a home study of her Florida home when she plans on being in Tennessee soon. The way you describe it, it sounds like the case is a slam dunk for your sister, so, as I've said, there's something here you don't know...
I have a question, if my ex is in Iraq in the army and we were divorced well before he got in the army and he hardly has contact with our child (but the army does have him pay child support every month since he has been in there) do I have to get permission from him to move within the US if I get a promotion for my job let's say in NY (i reside in florida at this time) or if I get married (which is in my future plans and move to another state or country?
THanks,
Mariana
You still must follow the statute, exactly as if he were living across the street from you. That means giving him notice and time to object. His status in the military may even allow him to delay your lawsuit until his time overseas is over.
In fact, you may need to be extra careful. Though it probably doesn't apply in your case, Florida law provides extra protections regarding timeshare for soldiers serving in Iraq.
Don't move without speaking to a lawyer.
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