Legal Question in Family Law in Florida

Moving out of state
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.

Asked on 10/30/07, 4:09 pm

2 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

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Re: Moving out of state

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.

Regardless of the amount of time the father spends with the children you should not leave the State of Florida without going back to court and obtaining an appropriate court order approving said move. You could be held in contempt for leaving the jurisdiction of the court and violating the court order by not allowing the ex Husband the visitation which is effectively denied by the move. You may wish to consult with your former attorney to file the necessary motion as this will prove much cheaper both financially and emotionally than having to face a contempt hearing. The father has equal rights to share in the parenting of the children which you will be unilaterly taking away if you move. Would you want this if you were in his place?

Scott R. Jay, Esq.

Answered on 11/01/07, 10:29 am

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