Legal Question in Family Law in Florida
Child Custody and moving child out of state
My wife's ex has moved out of state recently, and is thinking about going for custody of her son. In their divorce agreement it says that that the custodial parent (my wife) would not be able to move more than 2 counties away from her ex husband with the child. In the unlikely event that he would get custody, would he be able to move the child to alabama away from his mom, or would he have to move back to florida because of that agreement. I guess I'm asking if a judge would have him honor that part of the divorce agreement as my wife has had to do?
1 Answer from Attorneys
Re: Child Custody and moving child out of state
A divorce judgment can always be modified due to change of circumstances. He would have to apply to the court to change custody and relocate, which can be opposed. The court would decide what limitations are required. Good luck