Legal Question in Family Law in Florida
My ex wants to move our kids out of state. We have a statute in the court order preventing her from moving without my consent. We went to court last May and the court denied her move. She recently hooked up with a guy and he is trying to push her to file again to move. If she files again does she have a shot and what can I do?
3 Answers from Attorneys
She will still have the burden of proof to show that the proposed move is in the best interests of the children. If the court denied a petition last year, she may have trouble proving that this year. If she files, make sure you file an answer in a timely manner and make sure that the court is aware that you oppose such a move and that you do not feel that this move would be in your children's best interests.
She can file again. She will have to serve you with the new Petition and explain to the court why she wants to move and why the move is in the best interest of the child. Make sure to file your Objection in writing and request a hearing. Each petition is viewed on its own merit but you can certainly point out a pattern and point to the denial last year.
If she is wanting to move each year then she certainly does not sound stable. You may want to seek legal assistance to not only Object to the Relocation but to ask that the children reside primarily with you.
Natalie Hall, Esq.
(407) 412-7035
www.ndhlaw.com
Getting a new boyfriend is not any additional evidence that will help her, so she will likely lose. Contact my office for free consultation 727-446-7659
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