Legal Question in Family Law in Florida

Re: Moving to another state w/child of joint custody

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.

All your rationalizations will not change the fact that you have "joint custody" with the dad. He has equal rights. You will need to get the permission of the court to move to Oklahoma which might not be granted as the father's rights will be severely hampered.

Put yourself in the father's place. How would you feel? Do you think it is fair to move the child to a place where your visitation is virtually taken away? Of course not.

I strongly suggest that you consult a qualified family law attorney.

Scott R. Jay, Esq.

Re: Moving to another state w/child of joint custody

If the father contests your relocation petition you will have to convince the court that it is not against the best interest of the child to relocate. There are several factors the court will consider and weigh. Some petitions are granted; some are not.

You will also have to petition for modification of custody.