Legal Question in Family Law in Florida

My children

My ex wants to leave the state but my kids want to stay with me. my daughter is 14 is she old enough to decide? what can we do?


Asked on 1/30/08, 4:08 pm

2 Answers from Attorneys

Brent Rose The Orsini & Rose Law Firm

Re: My children

Most judges would agree that 14 is not old enough to decide.

I assume that your ex is the primary residential parent (the one with "custody").

Before a custodial parent can move the kids more than 50 miles away, that parent must comply with F.S. 61.13001. That statute requires service of an official written notice stating where the kids will live, what the new visitation will be, why it is in the children's best interest to move, and many other factors.

The nonmoving parent has 30 days to object in writing to the move. At that point, if the custodial parent still wishes to pursue the move, there must be litigation before the move can occur.

Assuming that the non-custodial parent has been an active parent, paid child support timely, always exercised visitation, etc., moves are not often granted.

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Answered on 1/30/08, 5:07 pm

Re: My children

She is about the age where the judge may listen to her wishes, but it is not certain. The consideration is "her best interests." You must also factor how far away your ex is moving and the other siblings (as to his and the siblings visits).

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Answered on 1/31/08, 8:27 am


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