Legal Question in Family Law in Florida
Relocation approved - what is the new visitation schedule?
Divorced May 2006. State of FL.
Dec. 2006, I followed new FL statute regarding relocation and had former husband served with notice of intent to relocate.
Multiple hearings (ex did not file objection but then filed kidnapping, contempt...) .. ultimately relocation approved.
In MSA it stated I could relocate with children May 2007 without court or former husband permission.
By the time I received the court's final order it referenced that clause stating I did not require permission, I had done what was requried and relocation was approved based on the fact it was after May 2007. (order received July 2007).
The order did not reference the original intent to relocate filed and did not ratify and include the revised visitation schedule as required for that statute.
So, my quesiton is, since relocation was court approved without ratifying the revised visitation schedule, what IS the former husband visitation schedule now???
It can't be the original schedule since relocation was subsequently court approved but not sure what is is.
Was advised he needs to file modification for visitation? He has not asked to see the children, but the holidays are coming and I dont' want to not be doing something I should be.
2 Answers from Attorneys
Re: Relocation approved - what is the new visitation schedule?
If he wants visitation and you can agree you can prepare an agreement, otherwise, court intervention is required.
Re: Relocation approved - what is the new visitation schedule?
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.
The simpliest solution would be for the two parties to work out an arrangement between themselves with reasonable time given for the children to visit with the non custodial parent to make up for some of the lost visitation due to your moving. If you cannot agree, then a visit back to court will be necessary and the court will make a determination.
Scott R. Jay, Esq.
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