Legal Question in Family Law in Florida

Relocate children out of the state

My fiance is active military, and is likely to be receiving orders shortly to move out of the state of Florida to South Carolina. I want to move with him and my 2 children from my previous marriage. My ex does have visitation with them, which he only has been electing to exercise every three months or so. How likely is it that a court would allow for the relocation if my ex objects. Would it be easier to get it approved if I were all ready married to my fiance before the move?


Asked on 9/17/08, 3:07 pm

1 Answer from Attorneys

Brent Rose The Orsini & Rose Law Firm

Re: Relocate children out of the state

The marriage probably won't make much difference. Judges haven't been willing, from what I've experienced and from what most lawyers are saying, to allow custodial parents to remove children from Florida since the new law passed. As a guideline, though, you should know that the two most important factors are:

1) Does the noncustodial parent pay his child support on time?

2) Does the noncustodial parent exercise his visitation properly?

Sounds like you've got him on factor #2, at least.

Read more
Answered on 9/17/08, 11:32 pm


Related Questions & Answers

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