Legal Question in Family Law in Florida

My ex wants to move out of state w/ the kids, but im the primary parent

My ex wants to move to the west coast and is coaching the kids to want to do the same. Per the court order, Im the primary parent and he has visitation every other weekend. Could the courts allow my kids to move? (They are 14 and 7)


Asked on 2/07/08, 7:27 pm

3 Answers from Attorneys

Matthew Z. Martell Law Office of Matthew Z. Martell, P.A.

Re: My ex wants to move out of state w/ the kids, but im the primary parent

It is unlikely that the Court will change child custody to make him the primary residential parent and allow him to move with you 2 children to California. He can file a Notice of Intent to Relocate with the courts if he becomes the primary residential parent and then seek authorization to move with the kids to California. But first he needs to file a Supplemental Petition for Modification of Child Custody, Child Visitation and Child Support. He has to show a substantial change in circumstances and that it is in the best interest of the minor children to change the primary residential parent designation to him. It will be apparent to the Court that his motives for doing this are because he wants to move to California. I think you will be O.K. but I recommend hiring a family law attorney in the near future.

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Answered on 2/07/08, 7:42 pm
David Slater David P. Slater, Esq.

Re: My ex wants to move out of state w/ the kids, but im the primary parent

A judge would be hard pressed to grant such an application.

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Answered on 2/07/08, 8:48 pm
James Hart The Hart Law Firm, P.A.

Re: My ex wants to move out of state w/ the kids, but im the primary parent

Your ex is going to have a hard time with this. First he would have show the court that it is in the kids best interest that he be the primary residential parent (and that something substantial has changed since the original order was entered).

Next, assuming that the court was willing to award him custody (a long shot) he would have to file a Notice of Intent to Relocate and show the court why the kids would be better off with him on the west coast (I assume you mean California).

Until he files paperwork, he can't do anything - so I wouldn't be too concerned at this point.

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Answered on 2/08/08, 10:35 am


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