Legal Question in Family Law in Florida
Family Law- Custody
Specifically Florida-
My ex has primary custody of my son. A year ago he moved 325 miles away but in the same state. Would he be required to obtain permission from the court to move my son? I received verbal notice through his mother 3 weeks before he moved when he sold his house but did not have finances in place for a lawyer at the time. I know there has been a law passed requiring intent to relocate but I don't know if it applys to a case from 2003. I have a court order stating that I am to have my son 3 weekends a month and he has them the 4th weekend but since he moved, I see them every other weekend at best and ocasionally only once a month if his schedule doesn't warrant a trip this direction. I would like custody of my son but am not sure where to begin. When he moved, he did it solely to get at me for remarrying. He sold his home and business, did not pay off his home or land up north and has refused to take a job. He did not move for reasons of economic benefit or because it was in the best interest of our son. Not sure if he can be held in contempt?!
2 Answers from Attorneys
Re: Family Law- Custody
You just need to file for custody. He does have to file a notice of intent to relocate if he wants to move.
Re: Family Law- Custody
As a result of your ex having primary custody of your son it is important to research the law relating to the intent to relocate unless you challenge it you have agreed to it. It appears from a cursory review of the statute that a formal notice of the intent should have been mailed to you advising you of your the relocation in capital letters .However I would suggest if you need help to e-mail me at my e-mail address with a phone number I can call you at tomorrow. This is important don't put it off. robert roemer
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