Legal Question in Family Law in Florida

Child Custody

I was awarded primary residential parentship when my son was 1.5 yrs old. He is 8 now, and his mother is getting married and moving out of state, she wished to be relieved of seconday parent under the court order, she wishes to give up all her rights. Now we have a court order, how can i go about voiding the court order and getting a new one? Is a notarized agreement good enough, or is there a different process in the state of Florida? any help is greatly appreciated...


Asked on 5/06/07, 12:49 am

2 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Child Custody

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

A notarized agreement might set forth right between the two of you but it will not change a court order. Only a new court order can modify an existing one.

I suggest you consult with an attorney who can review the facts and help you reopen your case and get the modification of the Final Judgment that you seek.

Scott R. Jay, Esq.

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Answered on 5/06/07, 1:15 am
Gordon Nicol Law Office of Gordon T. Nicol

Re: Child Custody

The other parent would need to terminate their parental rights. If you need assitance contact a Florida Family Law attorney.

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Answered on 5/07/07, 10:21 am


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