Legal Question in Family Law in Florida

reloaction after divorce

I am recently divorce and living in Florida. I want to move back to TN. I have primary custody and my exhusband has visitaion every other weekend and once during the week. If I move to Tn while he is still in Fl, can I be ordered to move back?


Asked on 9/12/08, 8:42 pm

3 Answers from Attorneys

Re: reloaction after divorce

Nope.

However, you might want to avoid some problems with the visitation bcause it will be more difficult to visit every other week-end and once a week, no?

You may want to head that off by getting back to court or mediation to establish new visitation schedule.

A family attorney where you live can help.

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Answered on 9/13/08, 10:44 am
William Gwaltney William W. Gwaltney, Attorneys at Law

Re: reloaction after divorce

Probably not. However, the Custody Order may have a provision for this activity. You should consult with the attorney who represented you in the divorce, or contact a new attorney who handles family law/custody issues to evaluate your situation and advise you fully.

I am in Tallahassee, and am available to discuss your situation if need me to.

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Answered on 9/13/08, 2:38 pm
Brent Rose The Orsini & Rose Law Firm

Re: reloaction after divorce

WAIT A MINUTE!

Let's be more clear here. The other lawyers who have answered your question are correct: you can't be ordered to move back. HOWEVER, a judge could--and probably WOULD--order the children to be moved back to Florida to live with their father until the issue of whether the move is in their best interest can be decided. You can go, they can't.

Florida Statute 61.13001 forbids you from moving the children more than 50 miles from their current residence without permission from the judge or their father. And before you can move them, there are very strict form, notice, and time requirements which you may not violate. Most judges in the areas where we have offices (most of central Florida) impose harsh consequences for those who violate the statute. I doubt that the rest of the judges in Florida are much different.

Moving could cost you custody. Don't do it without a consultation with a good family lawyer.

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Answered on 9/13/08, 3:23 pm


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