Legal Question in Family Law in Florida

i am in the military i am stationed in WA because i have no choice but i am from FL. i recentally got married to a wonderful mother of two great lil boys they are not my sons but i take care of them like they are my own i got married to her in fl but i was on vaacation from my deployment in iraq so we thought it would not make sense to move her to WA right away but now that i am abou to be home her ex boyfriend the father wants to go to court and fight so she cant leave nad be with me in the time we have been married for 6 months he has payed child support maybe 3 or 4 times he also did not go to either of his sons birthdays he does not come to see them on all of his visitatation days he has no job either and lives with his mo and father his is a alcahloic and a drugy one of the many reason why he does not have a job but there are people telling my wife that the court will not let her move to WA with me. it is not like i moved there after marrying her i was in WA before that and i had no choice where the army put me so what are her chances in court and what could we do to gaurentee she can live with me


Asked on 6/23/10, 7:55 am

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

Since you are now the support of your wife and step children - I suggest you have your wife file a Petition with the Court for Relocation - based on the following reasons - husband stationed in WA; sole support of the family and help and support needed with him. The judge will probably issue an Order allowing for relocation. As to the bio dad, a parenting plan will need to be given to the judge settling the issues of when visitation will take place and expense of transportation. More than likely while the children are in school he will get Spring Break, every other weekend and one week during Christmas. The holidays will be divided by even years with mother and odd years with the bio dad.

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Answered on 6/23/10, 11:05 am


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