Legal Question in Family Law in Florida

I am the primary custodial parent of my children. I have recently moved approximately 50 miles from my old address in Orange County, FL to a location in Sumter County, FL. My parenting agreement states that my ex has the right to have one over night visit per week and visitation every other weekend. This seems to be affected the children's school work and schedule. What can I do to get the visitation schedule changed to where their dad can't pick them up during the week?


Asked on 8/26/09, 2:50 pm

2 Answers from Attorneys

David Slater David P. Slater, Esq.

You will need the court to modify the original agreement and order based on change of circumstance.

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Answered on 8/26/09, 3:16 pm
Brent Rose The Orsini & Rose Law Firm

So you think he should get less visitation because you moved fifty miles away?

First, if you've moved an inch further than 50 miles, you've violated Florida law. Second, how do you expect to compensate him for the time he'll be missing with his kids? Are you giving him more time in the summer? Will he get more of the holidays? Did you consider that it might be good for the kids to spend time with their dad during the week? That the dad can be more involved in school when the kids see him during the week? That he can help with homework? With sports or other extracurricular activities?

Try talking to your ex and see if you can work this out. If not, you may end up with a judge ordering you back to Orange County. Or worse, a judge may order a change of custody. No judge is going to be happy to just change your agreement and take time away from the dad when you are the one who caused the change to occur.

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Answered on 8/26/09, 3:18 pm


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