My ex and I have been speraited for about 3 years now but are still legally married. We have a three year old boy and I have him on child support which he does not pay and he sees my son about once a week if he even sees him. I was thinking about moving back to New York, can I do that?
3 Answers from Attorneys
If you wish to relocate with the child more than 50 miles, you will need to comply with Florida's Parental Relocation Statute, Chapter 61.13001. This statute requires that you get either the permission of the other party or the permission of the court to allow such a move.
You will have the burden to show that the move is in the best interests of the child. I would suggest that you meet with a family law attorney in your area to discuss your options.
I agree with Mr. Buckley. Have an attorney draw up an agreement/stipulation that follows the statutory requirements. Tell "dad" to sign off, or you file a Motion to hold in contempt re: his failure to pay his child support obligation. Assuming he agrees, this should be a relatively simple matter for an attorney. If the marriage is over, you may want to file for divorce. The relocation could be handled in the divorce proceedings.
You have to get his written consent or a court order prior to moving.