Legal Question in Family Law in Florida

I'm a good dad

My fianceMy ex-girlfriend is moving to North Carolina with her new boyfriend, her two kids from another father and my 13 year old son. Where do I find out if there is anything specified in our court papers saying she can�t move? Is it true the court always sides with mother? Can I decrease the child support because it will be harder for me to see my son?


Asked on 7/27/07, 12:31 pm

3 Answers from Attorneys

Re: I'm a good dad

She cannot relocate without either your permission or that of the court. She MUST file a petition to relocate and if you contest it, she will have to convince the court that her relocating is not against the best interest of the child. There are factors about which the court must make findings one way or the other.

No, the courts don't always side with mothers.

A relocation is grounds for a petition of modification of child support. It may or may not be granted, depending on the specific facts of your case.

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Answered on 7/27/07, 1:59 pm

Re: I'm a good dad

It should be spelled out in the final decree, but if not then you go to Court and fight for your visitation rights, i.e., get your son for extended time in the summer when school's out. Remember the child support is for the child and what it takes to raise him is no different in NC than Fla.

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Answered on 7/27/07, 2:50 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: I'm a good dad

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

You should review the final papers when child support was originally awarded (perhaps in a determination of paternity action?). This may set forth the rights of the ex girlfriend to relocate. If not, she will have to file a motion with the court which you can certainly contest.

The courts do not always side with the females although they may a greater percentage of the time but that is gradually changing. You can also file a motion to modify your child support because of the proposed move, but it probably will not be enough to change the terms.

Scott R. Jay, Esq.

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Answered on 7/29/07, 11:12 pm


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