Legal Question in Family Law in Florida

Notice of Intent to Relocate with a Minor Child

Will the courts let me relocate with my child if the father hasn't been paying child support regularly but the father does use his time sharing of every other weekend? Does my case stand a chance? Although I was looking to move within Florida will they allow me to move outside of Florida?


Asked on 7/27/07, 7:58 pm

3 Answers from Attorneys

Re: Notice of Intent to Relocate with a Minor Child

In order to attempt to relocate, you have to file a relocation petition with the court. The other parent will answer it stating whether he does or does not agree. If he does not give you permission, you will have to convince the court that moving is not against the best interest of the child. The court looks at several factors in order to determine that.

There no way of evaluating your chances without having all of the evidence the court will be presented with.

Child support is a separate issue and you can certainly pursue an enforcement of child support regardless of the relocation issue.

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Answered on 7/29/07, 5:09 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: Notice of Intent to Relocate with a Minor Child

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.

In order to move to a new location, you will have to file a motion with the court. Some judges routinely grant them, while others believe it is not in the best interest of the child to have the parents far apart. Generally, whether or not the father pay his child support has no bearing on the issue. The father's history of the exercise of his visitation rights will play a greater role in the equation.

Scott R. Jay, Esq.

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Answered on 7/29/07, 10:54 pm
Michael Stewart Michael D. Stewart

Re: Notice of Intent to Relocate with a Minor Child

The child support issue is separate from visitation. You will have to have good arguments for the court to move.

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Answered on 7/27/07, 8:22 pm


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