Legal Question in Family Law in Florida
Child Custody and Relocating
My ex-wife has primary custody however, I have visitation twice a week and every other weekend. I exceed the visitation schedule faithfully and pay monthly child support faithfully. The divorce stipulates that she can not move more than 50 miles without my permission. If she proves employment elsewhere can she relocate anyway? If the divorce decree did not stipulate mileage how far could she move? She is gainfully in the town which we currently reside, she and the children remained in the home we jointly own which is paid in full. She has threatened to relocate and lie about how the children are treated in order to assure that I am not able to see them anymore. Can she do all of these things? Thank you.
1 Answer from Attorneys
Re: Child Custody and Relocating
She cannot move the children more than 50 miles from their current address, both by your MSA and by Florida law, without your permission or a judge's permission.
Judges rarely allow people to move, especially when the non-custodial parent exercises visitation and pay support regularly.
Can she lie and convince a judge that you are a child abuser or child molester, therefore your visitation should be terminated and she should be allowed to move? I don't know. How good a liar is she? How old are the kids and what would they say? Why has she given you extra visitation? Why does she bring up that you are a bad father at exactly the same time she wants to move and not before? Probably a pretty tough case for her.
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