Legal Question in Family Law in Florida
In my divorce papers, there is a relocation part it states that any relocation of the minor child is subject and must be brought in compliance with f.s. 61.13001. My ex has moved the child 25 miles away and has had him changed schools closer to her 40 miles from his originial school, both of these occured months after the papers were final. She did all this relocation without my permission, relating to this clause do I have any case to have her move back or have the child go back to his originial school?? The clause seems confusing to mre (I'm referring to fs 61 13001). Or becquse she moved within 50 miles doI have nothing . She has primary custody of him i get him 1/3 of the time. I have moved as well, but within 10 miles of each previous location. Does that matter, since I dont have the majority custody?
1 Answer from Attorneys
YOu have waited months after the fact and therefore may not have much chance of changing the current situation. I suggest you file a Motion for Contempt/enforcement - get a hearing set and have her come to court. The court may feel that the child has been in a new school environment and may disrupt the child if moved again. However, she did not comply with the order and therefore you have a right to to challenge her and the court may sanction her.