Legal Question in Family Law in Florida
Moving out of state with children
My ex and I both live in FL. I would like to relocate to GA with our 2 children (better schools, cheaper rent, ex-mother-in-law lives nearby, etc). Our mediation agreement states we share parental responsibility and I am the primary residential parent with Ex having reasonable access. It states we will make all joint decisions for our two children (4 & 2). His visitation consists of 2 hours on Sunday mornings, that is 100% his choice. My atty told me I should be able to move out of state and Ex would need to file with the court to have me move back, and the judge would never make me do that, based on his visitation (or lack of). I told Ex I was thinking of moving, he said he will call police/FBI and have me arrested for kidnapping. Is that possible? My atty sent me a final notice after the divorce was final (last month) that her representation of me is over, so I can't call her for advice (without handing over more $). Can I move? I am having a hard time morally, and a legal yes or no would make my decision a lot easier. Ex was abusive to me, and is at times verbally abusive to the kids as well as to me (still). I do keep a journal. Would I need to file something before moving? Or just go? Thanks so much for advice.
1 Answer from Attorneys
Re: Moving out of state with children
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.
This would be determined by your final judgment. What did it say? If it did not give you the permission to move, then you should request permission of the court before doing so. Regardless of whether the father spends two hours or two days each week, that time is his time with the children. By moving, you will be depriving him of the right to be with his children and further depriving the children of contact with their father. You do not have the unilateral right to make such a decision. What if the father moved and took the children from you?
Scott R. Jay, Esq.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
