Legal Question in Family Law in Florida
Petition to Relocate
I had petitioned the court to relocate last year but my ex-husband protested and I was denied. Both my children desire very much too move and discussed it a lot with their father who then decided to allow the move. I refiled based on that. He then changed his mind and protested the move. He has since moved to Georgia and has not seen the kids in about two to three months. I have been told that I will still be denied the relocation as I lost the first time. What are the chances that the court will deny my move even though my ex-husband has moved out of state?
2 Answers from Attorneys
Re: Petition to Relocate
One of the primary factors the courts look at in deciding whether to allow a move is whether the non-custodial parent is exercising visitation, which, obviously, he isn't. (The other is whether he is paying child support on time.)
Given that he isn't exercising visits, and given that he doesn't even live here anymore, your chances of having your request to relocate granted have improved very substantially.
Re: Petition to Relocate
You are definitely in a better position. Since he has moved to GA, he can't complain much about your move, unless it is to Guam or some other exotic place.
I think you can try and re-file your motion. It might fair better if you consider a visitation plan to offer to the Court, after all the visits are for the children, right?
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