Legal Question in Family Law in Florida

My ex agreed to shared 50/50 custody with the exception that he must move to the county I am living in by the time school starts. School starts this Monday, and he has not moved yet. The order says that if he is not residing here by then, he will get my son only on weekends, but he is now telling me that he needs more time, that work has been slow and he can't afford to move. He is upset that I've told him that it will start being weekends only as if today, and says he is taking it to court to have a judge change the order. Can he do that as easily as he says? The order has only been Im effect since April 10 th of this year. Just to clarify, I am not trying to keep my son from his father, but he is starting pre-k this year, and I don't feel that it is in his best interest to have to get up more than an hour early to be at school on time and get home an hour or more later.


Asked on 8/17/12, 1:22 pm

1 Answer from Attorneys
Lucreita Becude Lucreita D. Becude, P.A.

Stand your ground. You have an Order in place. If he wants to change it, he will have to file a modification of custody/visitation. Also since he has not moved to the area as per the court order I suggest you take him back to court for modification of child support. Since you will have the child the majority of the time you are entitled to increase in support and/or child support if you are not receiving any at the current time. He is being unreasonable and I believe the Judge will see right through that.

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Answered on 8/18/12, 7:08 am


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