Legal Question in Family Law in Florida

Relocating?

I wanted to know what my chances are that the court will allow me to relocate with my child. I am the custodial parent.I lost my second job. My husband is lossing pay at his job due to the economy and we are facing preforeclosure on our house. If we move to another state we can get better jobs that pay more and the cost of living is much lower. Also the child would have the opportunity to attend one of the states universitys at no cost if they attend and graduate from one of the states public schools.I know that the biological father(never married) is going to say no. He is just now establishing visitation rights and sees her once a week and every other weekend via a temporary visitation order. (The child is almost 3.) He is facing contempt of court for not paying CS and is behind over $14000. He has no vehicle and depends on his mother and sisiter to pay his bills. As far as I know he currently works 1 day a week at minimum wage. He goes job to job. If he payed CS we could survive but I cant depend on the biological father. Would the courts allow me to move since this opportunity could prove a better life for the child?


Asked on 2/26/09, 8:09 am

1 Answer from Attorneys
Brent Rose The Orsini & Rose Law Firm

Re: Relocating?

You should speak to a local family lawyer to be sure, since a lot of this depends on your local judge. The fact that the father is behind on child support will help your case (since child support is one of the factors listed in the statute), but, to be honest, if your case is in one of the counties where I practice, I'd tell you your odds were slim. The argument about a bad economy here is not enough to persuade most judges to allow you to take a child away from a father. The argument about college is even weaker, since we have free scholarships for most university students in Florida (Bright Futures) and since college is still 15 years away for your child.

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Answered on 2/26/09, 9:52 am


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