Legal Question in Family Law in Florida
We live in FL. My step son's father was told of our plans to relocate outside of FL, and has filed to change custody to alternate weeks. What can we do? We were scheduled to leave in a week when we were served the papers
3 Answers from Attorneys
You can leave but the child can not. You need a court order to relocate and if your reasons are not accepted by the court then be prepared for an alternate route. If your wife is the majority time sharer, and she is leaving the state because of a job that you have taken (you are married to each other and not living together) then the court may well allow you to leave with the child. however, other factors are to be considered as well- is the child's father in his life, does he actively have visitation and involved in his well being, school etc. if so, then there will need to be some very lenient visitation structured for him to have this child when he wants
You need to retain a lawyer asap. You cannot leave with the child.
You must comply with Florida statute 61.13001