Legal Question in Family Law in Florida
I live in Pinellas County Florida now and I have a mediation agreement with my ex in relation to our son and visitation and child support. Also in our mediation agreement it states that neither party will move out of the county with out written consent from the other. I am the primary custodial parent who the child lives with. I am since in a new relationship and we would like to move due to my fiance's mother being weaker and needing family close to her, how should I proceed if my ex will not give me written consent?
2 Answers from Attorneys
If the mediation agreement was approved by the Court, it has the effect of a court order. Any revision of the agreement must be done consistent with the terms of the agreement. Usually, if the parties cannot reach agreement on a revision, the court must be petitioned for a change, which will likely require more mediation, and if mediation is unsuccessful, a family court judge will decide the matter in the best interests of the children and on your change in circumstances. Of course, it's preferable to reach agreement with the other party, but return to court may be the only option.
You will need to file a Supplemental Petition to Permit Relocation. The court will most likely since you mediation to try and work this issue out. It's unfortunate that you will have to go back to court but if you cannot work things out that's your only option.
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