Legal Question in Family Law in Florida

child custody

Hello. I divorced two years ago and my ex husband and I went through a mediator. We have stated on paper that we have shared parental responsibilities but that the children will reside with the mother as their primary home and with their father as thier secondary home. The father does not support them, does not do anything for them, but does have them every other weekend. I am engaged to be married and my husband to be lives and works in another state. If I had to move, do I have to have the father's permission to do so? Do I have to do anything throught the courts? or because I am the sole provider and care taker of these two children I will be ok? Iwant to do thing legal and right. The agreement papers do not say we have joint custody, only shared parental rights.


Asked on 4/19/08, 5:26 pm

1 Answer from Attorneys
Matthew Z. Martell Law Office of Matthew Z. Martell, P.A.

Re: child custody

You need the court's permission to relocate out of state. You need to file a Notice of Intent to Relocate. Your ex-husband can file an Objection to the Notice of Intent to Relocate and then there will be a hearing and/or a lawsuit about your intended move. If you move without doing this, your ex-husband can get a child pickup order and have the children brought back to Florida to live with him. The court will probably let you move out of state if you can show you will have a better job and life in this other state. They will want to see that this move improves your children's standard of living. They will also want to see that you have established a specific visitation schedule for your ex-husband. I recommend that you hire a local family law attorney in the near future.

Read more
Answered on 4/19/08, 9:19 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Florida