Legal Question in Family Law in Florida

Ex-wife moving and I have custody but..

My ex-wife is discussing moving out of state. I have primary residental custody but I have given her visitation every other week for the last 3 years. She lost her job and is planning to move back with family. Did I give up my rights of primary residential custody by giving her every other week? Will this help her chances to be able to take the kids with her? She has planned on moving several times in the past years but this time it appears that it will happen. My main question is what are my chances of losing if she decides to take me to court? My children are 11 and 14. Everytime she brings up moving the 14 year old has said she wanted to stay with me but moving where the grandparents are has made her change her mind. The 11 year old has fliped back and fourth when she is asked by the ex. I tell them its not their decision and not to worry about it until it happens but I'm worried this time.


Asked on 7/21/08, 6:43 pm

2 Answers from Attorneys
Alicia Santana Torres Santana Torres Law Offices, PL

Re: Ex-wife moving and I have custody but..

You did not give up any rights but you have established a precedent. Also, some judges will listen more than others to what the 14 year old has to say. If she does take it to court, you should hire local counsel.

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Answered on 7/23/08, 10:33 am
David Slater David P. Slater, Esq.

Re: Ex-wife moving and I have custody but..

You did not give up any rights. A court modification will be required for any changes.

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Answered on 7/21/08, 6:52 pm


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