Legal Question in Family Law in Florida

Child Custody

I am a mother of a 10 year old daughter. She has been living with her father since she was 2 yr old. She lives with me on the weekends. We do not have any legal paperwork drawn. We just had an agreement. I currently live in Florida and I am now moving to Texas and my daughter wants to live with me. I want my daugther to move to Texas with me. What is the process that I need to take when dealing with her father? What if he tells me I can't take my daughter with me?


Asked on 9/09/07, 8:02 pm

3 Answers from Attorneys

Robert Roemer Robert Roemer

Re: Child Custody

Where you ever married? Why did you enter

into this arrangement?If you need help send me an e-mail with a phone # to contact you.

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Answered on 9/09/07, 8:39 pm
David Slater David P. Slater, Esq.

Re: Child Custody

You will need to seek court permission to relocate and custody. The best interests of the child will dictate.

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Answered on 9/09/07, 9:30 pm
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.

If the parties cannot continue to agree, then it will be necessary for one of you to go to court to determine the primary residential parent. Since the daughter has been living with the father for 8 years, he will quite possibly be designated unless you can show the court valid reasons why not. The courts generally do not want to uproot a 10 year old child unless there are extremely valid reasons which would warrant such a change. Please bear in mind that the father's rights as to the child are equal to yours and your moving is generally not considered by a court to be a good reason to change the residential parent.

Scott R. Jay, Esq.

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Answered on 9/09/07, 11:16 pm


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