Legal Question in Family Law in Florida

I filed a petition about 5 months ago to take my son and move to Tennessee from Florida. His father never once said he had a problem with it, and even helped me fill out the petition. He was supposed to fill out his half but dawdled and I was having a new baby so I wanted to get things done. I filed and he didn`t reply so after 30 days I filed for a hearing. We are still awaiting a date. So last night he calls me up out of the blue and tells me he has decided he isn't going to let us go to Tennessee and that as long as he says no, the judge will never allow it. He expects me to leave my son here in order to leave, and wants me to sign over the control to our sons SSI checks as well. Is there anything I can do to ensure the judge sees that this move is what is best for my son and my family? I have offered summers and every school break to his father plus enforced skype calls as often as he wants, and would be making an email address for our son to communicate with his father as often as he wanted.


Asked on 10/12/16, 6:49 am

3 Answers from Attorneys
Lucreita Becude Lucreita D. Becude, P.A.

He did not respond and therefore there is not reason you should not have already gotten an Order. Did you speak to the Judicial Assistant as to why the Order was not prepared and given to you.

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Answered on 10/12/16, 8:50 am
Robert McCall Law Office of Robert McCall

You need to be prepared to show the Judge how this move will be in the best interest of your son. Moving to be near family or for a better job is generally not enough. You need to speak with a local experienced family law attorney as to how the Judge rules in these matters.

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Answered on 10/12/16, 8:55 am
John Smitten Carey and Leisure

If he did not respond in writing under oath then you should win automatically.

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Answered on 10/13/16, 1:57 am


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