Legal Question in Family Law in Florida
I have joint custody Son who lives with me full-time and his dad during the summer. The order was completed in the Florida court. his father at that time lived in Illinois and agreed to having our minor child during the summer months. It was stated if he moved to Florida or if I move to Illinois where he resided at that time that he would be able to see our son on the weekends. I then relocated to Illinois so that he could see his son on the weekends I was there for two years and my sandwich see you slather on the weekends since being there his father continued to not pay child support and also at times did not see our son I decided that I wanted to move back to Florida to be closer to my family since nothing was happening in Illinois. I know that he does not want me to move back to Florida but all of my family is there and I have no family in Illinois I would like to know if I move back to Florida where the court order was and also where it said my son would go with his father during the summer months if I would get in trouble for that. it seem to work out better with my son being with him during the summer and me throughout the rest of the year since the court order was done in Florida and I was already agreed-upon by the judge that my son would be with him during the summer and me during the rest of the year in Florida I think that should be fine but not sure any advice would be a helpful. Thank you!
4 Answers from Attorneys
Obviously you did not get a court order to move to Illinois at at the time with your son. However, moving back may prove to be more of an issue. If your son's father has no problem with that, then by all means return to Florida. Re establish residential venue in this state which is 6 months. If there is no issue with him while you are here, then at that time (6 months down the road) , file for contempt of court for non-payment of child support.
Unless an Ill. judge rules differently, there is no reason you cannot move back to Florida.
Florida lost jurisdiction when you were out of state for 181 days. Not enough information to make a proper answer but you need to speak with an Illinois attorney ASAP.. Illinois may or may not have a statute that applies.
I agree with Mr. Slater you can move back to FL.
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