Legal Question in Family Law in Florida
My divorce was finalized as of last year. The custody agreement in place is that no child support is paid either way and custody is shared 50/50; medical bills split 50/50; he carries their health insurance; my parents pay for private school for the oldest; daycare is split between he and I for the youngest; living expenses are our own respectively. Approximately 5 months ago my boyfriend (now fianc�) and I moved in together. He has children as well, so the living arrangements consist of the two of us and our (5) children. My children are with us (2-3) nights a week and every other weekend and with him the same amount of time only opposite days. The visitation follows his work schedule. My fianc�s kids visit for (2) evenings a week and stay over every other weekend. The ex wants to relocate to his home state and wants to offer me child support in exchange for leaving my fianc� or attempt to postpone our marriage. What are the odds of this being successful for him and if he essentially tries to �bribe� me how will this reflect upon him if I counter sue for primary custody and child support? I take my daughter to see a child counselor (which the ex agreed to and I fund) as a precautionary measure just to assure that with all the changes in her life she is adjusting well. Also, the children are treated well by my fianc� and provided for. Does he a leg to stand on in this endeavor?
1 Answer from Attorneys
Attempts to relocate out of Florida are being denied by Florida judges pretty much daily. Very rarely is a parent allowed to take the kids away from the other parent. His odds aren't good. On the other hand, if he wants to relocate and leave you the kids, that's his business; he can do that if he wants. If he does, child support will be calculated according to Florida's guidelines system, and neither of you can legally control that.
In terms of you changing custody based on him "bribing" you, I think you can forget it. He's not bribing you, he's just trying to work a deal. That's his right. Changing a custody deal after it's made is a very difficult thing to do (like moving the kids away is a difficult thing to do). Once a deal is made in a divorce case, it's tough to change it unless both sides agree. To change a custody agreement, one of you has to prove a substantial, unexpected change of circumstances affecting the kids. "Bribery" doesn't cut it. His moving away without the kids would cut it, but he hasn't done that yet. And his moving away with the kids probably isn't going to happen.
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