Legal Question in Family Law in Florida
I have a concerns that I need answered, I have been divorced since 2005.
A. Per my divorce decree. Paragraph 2 option 1 is checked and says, " Both parties agree to abide by all aspects of shared parental responsibility as defined in chapter 61.13 f.s. The parties understand that in sharing parental responsibility they shall cooperate on major decisions affecting their child(ren). Areas of responsibility may include, among other things, primary residence, education, religion, medical and dental care. Both parties shall be entitled to access records and information pertaining to the child(ren), including but not limited to medical, dental and school records.
Paragraph 2 option 2 is checked and says, "both parents will act in a manner intended to foster a positive relationship with the minor child(ren) and the other parent. Neither parent will make derogatory or critcial remarks concerning the other parent in front of the minor child(ren). The parties shall cooperate in all matters pertaining to the child(ren) to promote the best interests of the child(ren) and not with a view toward the personal desires of the parties.
My ex husband violates this rule every time my son has visitation with him and there was a visitation were inappropriate photos were taken of my son by the noncustodial parent and father's mother that my son expressed to me bothered him. The noncustodial parent tells our son untrue information and he comes back home bothered and cries at times about what he was told.
My first question is does that mean we have joint custody? and what can be done about the negative information my son returns home with questioning?
B. Paragraph 3 option 1 states, " the mother shall be designated as the primary residential parent, and the father shall be designated as the secondary residential parent.
My second question is what does this mean? The non-custodial parent resides in Los angeles, ca and has since October 2004 and the child has visitation in california not in florida.
C. Paragraph 4 option number 18 states, "geographical restrictions, each parent can take th child(ren) on vacation out of town/state/country for up to10 days as long as written notice is provided to th other parent at least 30 days in advance, that includes an itinerary with address and phone number, for any other vacation arrangements, the parties will agree in writin prior to the vacation. reasonable phone contact will be permitted during the vacation.
My question is how does this apply to me the primary parent as far as moving not vacationing to another country?
D. Paragraph 7 only one option checked states, " geographic restriction the father will not relocate with the minor child(ren), for residential purposes, outside the area of defined as California without written consent of the mother or and order ofthe court.
last question is how does this apply to me and do I have to have written consent from the noncustodial parent in order to relocate to another state, country or town? I am engaged to a us navy sailor who has reenlisted and has been assigned to Molesworth, England and I plan on movin with him in March 2010, we are getting married in Florida on May 15, 2010. I am being told by the noncustodial parent that I have geographical restrictions and cannot move without his consent is this true?
Please help
sorry this is so long.
1 Answer from Attorneys
First question. No this is not joint custody. Shared means exactly what it says - on issues of education, religion and medical attention - common sense dictates that you would want to discuss this with each other. It does not mean if the father takes him to have a mohawk haircut and mother disapproved that it becomes a court issue. It does not. Second question: primary custody is where the child resides. Question three: if you move from the state of Florida then you must get an order from the court allowing you to do so. Most courts to not object when it involves the reasons of income and more family in another state to help out. Last question - it looks like the paragraph that you have provides is for him only - it does not apply to you if you have worded this correctly. HOwever, the main issue is this - if you need to move outside the geographical area - you will need court approval. If he wishes to deny this, then serve his notice and he can appear in court and state his reasons for not wanting you to take the child.
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