Legal Question in Family Law in Florida

custodial parent going overseas

I was divorced in 1998 in S.C. I reside in Florida, my-ex. in N.M. He is the custodial parent. He is in the military and has to serve a year overseas. During this time he wants me to take the children, he does not want to pay support. Wouldn't custody of the children revert back to me instead of the step-parent? and wouldn't he have to pay support for this time frame??


Asked on 4/08/02, 6:09 pm

2 Answers from Attorneys
Alexis Parker Alexis Parker, Esq.

Re: custodial parent going overseas

I agree with attorney Snell...you will need to address the custody issue in SC, or in NM, depending on the facts. The custody does not automatically "revert" back to the non-custodial parent. An appropriate Petition, MOtion or other pleading will need to be filed in the Court with jurisdiction. Child support should be addressed as well. You really need to consult with a SC and/or NM attorney to determine exactly how to proceed.

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Answered on 4/09/02, 10:53 pm
Greg Snell Rice Rose & Snell

Re: custodial parent going overseas

Custody should revert to you instead of step parent and he would have to pay support. You will need to deal with this in either South Carolina or NM if you cannot come to an agreement with your ex.

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Answered on 4/09/02, 6:55 am


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