Legal Question in Family Law in Florida
My ex-wife is trying to relocate from Florida to California with our son. The court order we have right now is a temporary order, and states that neither of us are allowed to take our son out of our residential county or the adjoining counties without permission from the other parent. She is the custodial parent, and I have been granted visitation for every weekend (Friday night through Sunday night). My ex-wife was told during our first court hearing, two and a half years ago, that she needed to get a job, and has failed to do so. She remarried in a year ago to a man in the Navy, and has been living locally while he has been stationed in different states, the current state being California. Now she wants to move to be with him so that he can see the three year old son they have together. My concern is that if anything were to happen with her current husband and they were to separate, she has no means to support our son on her own. I wanted to know if there is even a chance that I could be granted as the custodial parent. I have a stable home, a stable job, and the means to support our son on my own. I am just scared to fight her in court and upset her, risking the chance that she could make it difficult for me to maintain contact with my son while she is gone. We have had difficulties in the past, but for the past two years everything has gone smoothly. I don't want to risk ruining that if I have no chance of gaining primary custody of my son. I just want to make sure he is provided for.
2 Answers from Attorneys
Based on the factual situation described in your inquiry, you have difficult legal and parental options to consider. Your wife must obtain court approval to relocate with your son. Unless there are other facts to consider, a family court is likely to grant her an order to relocate since it appears necessary for her to maintain a household. You didn't indicate the age of your son; as he gets older, his preferences will weigh heavier in any court consideration. Merely your concern about the earning ability of your ex-wife's present husband will not make a great impact on a family court. Its highest priority is the welfare of your son. Unless there are other facts to consider, such as a harmful effect such move may have on your son, you are advised to carefully consider your legal options since a legal battle over your son may not serve the interests of anyone.
Florida statute 61.13001 is controlling. There is a list of factors that must be conmsidered by the court if it is going to allow the move. It is possible the court will disallow the move or order a change of residental parents. The Judge has a hugh amount of discretion in this issue.
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