Legal Question in Family Law in Florida
Move with Child from Florida to Nevada
I am a recently divorced mother who is going through a custody battle with ex-husband over our 8 year old daughter. I just recently moved back to Florida after being away 2 years. Things are not going the way that I was planning on and considered moving back to Nevada, but they say I am not able to because of the 60-40 custody. Is there any motions or appeals I may be able to file to get it to where I can move where ever I want without having to ask permission. I mean my ex and I have been separated over 2 years I left florida when we split up and had no issues and now that I am back they say I can't go back to Vegas and be with my ill mother.
2 Answers from Attorneys
Re: Move with Child from Florida to Nevada
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
There is no magical motion that gives you the right to move around as you please without taking into consideration the father's rights to spend time with HIS child. Yes, the child is his as well as yours. You seem to think that your desires should be the only thing taken into consideration while the court is obviously trying to understand and meet the needs of both parties. You need to step back and try to see this case from the eyes of the father who also loves the child and deserves to be able to spend time with his daughter the same as you do.
Scott R. Jay, Esq.
Re: Move with Child from Florida to Nevada
Florida law has changed since you last moved to Nevada, and you now must follow a strict procedure to get the permission of either the father or the judge to move away.