Legal Question in Family Law in Florida
International Child Custody Battle
I currently live in Ohio and my Exhusband lives in FL with our three year old son. He has had custody for the last year and a half (which was pending a review once I was settled into my new job and home) and has denied me every chance to see/talk to our son that he could. I planned to move back to FL to fight for custody but have since had an opportunity to remarry and move to Guam where my new husband is stationed. Financially it would be MUCH better than the father's situation and more stable. My question is, would I even have a chance if I move to Guam despite the better situation for my son...could this hurt my case? Am I better off moving back to FL where I would be single and living just a tight to the dollar as my ex-husband, but closer?
1 Answer from Attorneys
Re: International Child Custody Battle
Your ex's denial of visitation will hurt his case significantly, but it's difficult to change custody once it's been established. I also doubt strongly that a judge will look kindly on the idea of your moving your son 8,000 miles away from his father, so I don't know if Guam is the best option for you. A move to Florida is probably your best bet for getting custody or visitation, but you need to speak with a custody lawyer and explain all the pertinent facts to be sure.
Guam, by the way, won't make your case an "international child custody battle," given that Guam is a U.S. territory.