Legal Question in Family Law in Florida
Non-custodial parent moves out of state
I have custodial custody of my 12 year old son. He has been going to his fathers every weekend for the past 10 years. His father now decides to take a job in another state (Iowa). I fear that the laws may differ in another state and if I agree the child can go see his father in summer, etc. I won't have any jurisdiction in another state. We do have a divorce decree, stating our custody. Do I have anything to worry about? Should I get a modification of custody before the child goes to visit?
1 Answer from Attorneys
Re: Non-custodial parent moves out of state
Based on information provided, it appears that you have primary residential custody of the child, meaning the child lives with you and the other parent has visitation rights. The law of Iowa will not be relevant and cannot be used to affect your rights expressed in your Final Judgment. However, you are advised to clearly state in writing the visitation "rules" for your child to visit the other parent in Iowa: who pays transportation, communication during visit, return of the child, etc. Send the letter to the other parent by certified mail and request his consent to the rules so that if any disputes arise later, you have a written document to confirm the understanding re visitation. If the other parent wants to expand his visitation beyond your wishes, inform him that he must request a modification from the court. If the issues become disputed, you are advised to consult with a local family law attorney who can represent your interests.