Legal Question in Family Law in Florida

My ex husband and I have shared parenting, I moved to florida last August, we kept our shared parenting plan as me being residential parent and typed up an agreement that the children would attend school in ohio but the rest of the time would be spent with me, now my ex husband is about to spend some serious time in prison (about 2 to 3 years), I just need to know that I am aloud to go get my children and move them to florida seems their father cannot be in the piccture for quite a while and in doing so how do I get sole custody and have my case moved to florida?

Thanks,

MRN


Asked on 8/14/12, 11:48 am

1 Answer from Attorneys
Lucreita Becude Lucreita D. Becude, P.A.

First of all the agreement between you and your husband is not valid because it is not a court order. Secondly, you still have the same custody as the court gave you. When you moved to Florida last year did the children come with you? If not, you need to get an Order from the Court in Ohio to relocate with the children based on the prison term of their father. I am sure the court will allow that. In order to get sole custody the children will depend on the crime of the father and whether or not he will challenge you. Being behind bars does not necessarily mean he can not see the children. YOu will get child support through the court - Dept of Rev. while he is in prison and maybe thereafter depending on whether he will pay child support. That is another issue. If you want your order moved to Florida, you must domesticate it here.

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Answered on 8/15/12, 7:16 am


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