Legal Question in Family Law in Florida
Need Assistance Relocating from PA to FL
I am interested in moving from PA to FL. I am separated from my husband who is currently incarcerated in a Federal Prison. We have one child together, his mother took me to court in PA for ''Grandparents rights'' and we currently have a temporary order in place where they see him once every other Saturday.
I'd now like to move to Florida for a better career opportunity but don't know if I can since there is a temporary order in place. I've also filed for child support but didn't get anywhere since he isn't employed. However, receives rent checks for a triplex he owns which is attached to his house and I believe he may be getting a small pension. I had no luck with the Phila. courts in obtaining any source of child support. I now want to relocate to give my son a better life, I just don't know if I can do it or what can I do to make it happen?
ANY SUGGESTIONS? I'D BE MOVING TO NAPLES FLORIDA.
1 Answer from Attorneys
Re: Need Assistance Relocating from PA to FL
Based on the information provided, you have options depending on your objectives. Unless the temporary order or other order prohibits your leaving the jurisdiction, you may relocate to Florida. While your husband is in prison, it will be difficult to obtain child support. After you live in Florida for six months, you can file a petition for divorce and request child support, divisio of property, etc. Grandparents do not have special rights superior to those of the parent but may ask for visitation that is in the best interests of the children. You may want to advise the grandparents and your husband that you are relocating to Florida. Although they may try to stop you by asking the court to prevent you from leaving the area, a court will not prevent such action where the parent is relocating to support her children and is in the best interests of the children. Florida law does not prevent such relocation of a parent and children where the move is for the benefit of the children. Grandparent rights are considered but are secondary to parental rights and needs of the children.