Legal Question in Family Law in Florida

Moving w/ kids.

I am divorced and have primary residence of my children. The children see their dad about 6 days a month. My Fiance lives in another state, and it is the state I want to move back to. What are my chance of taking them back to the state I last resided before becoming divorced. I want to marry this guy next year - but also need to get my kids lives in order to go back home. I know the ex is going to fight me on this. He will actually see the kids more with Summer and Christmas visitation - but I know he won't like not having the kids in the same state. His job is not secure in the fact that if he has to move he will. We have lived all over the country - so moving has been one of the big issues of why we are divorced today. Thanks for your input. Should I contact a lawer promptly to get this issue in the works?


Asked on 11/22/07, 6:09 pm

3 Answers from Attorneys

Re: Moving w/ kids.

Yes! Your lawyer from before or, if you do not have one, get one, can assist.

You did not mention the ages of the children, that could be a factor. As long as the X has the same amount or more visits, there is no harm. If the children will be stable there, then why not.

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Answered on 11/23/07, 9:21 am
Brent Rose The Orsini & Rose Law Firm

Re: Moving w/ kids.

Moving children away from their father is becoming more and more difficult in Florida, so you should certainly get a lawyer immediately and get started.

Call me if you need help.

I agree that your history of moving will be a factor in your favor, but the three most important factors in most cases are: 1) does the father pay his child support on time (bad for you if he does), 2) does the father regularly exercise his visitation (bad for you if he does), and 3) will the children's lives improve GREATLY by the move (good for you if it does). I stressly "greatly" because the burden on the person wanting to move is pretty heavy.

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Answered on 11/24/07, 6:39 pm
Stanley Miller Stanley M. Miller, P.A.

Re: Moving w/ kids.

Your background of always moving while married to him will be a helpful factor to you. Also your ex always moving is a good factor, including he would move also. Getting it started as fast as you can is the right approach. By the way, you did not mention where you want to move to; therefore I presume it's pretty far.

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Answered on 11/22/07, 9:32 pm


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