Legal Question in Family Law in Florida
I have sole custody of my soon to be 15 y/o son. He is wanting to live with his dad for a year starting in July. The problem is, his dad lives in Italy, I am in FL (my divorce was finalized in AL.) I don't want to deny my son going, but I really have a bad feeling about it. Is there a certain age that I have to allow my son to go? Can my ex take me to court if I don't allow my son to go? I would feel more comfortable if my son waited to go next year, when he turns 16. I'm not sure if I would ever see my son again if he moves because his dad and I do not really get along. I think the only reason my ex is wanting my son to live with him is so he won't have to pay me child support for the year my son is gone. Our divorce states my ex is to pay me $850 a month child support until he is 18, and also he pays me $700 a month alimony (which ends May 2013.) My ex has suggested that if I allow my son to move to Italy w him, he will continue to pay me child support but will stop the alimony. Is this legal? I'm not really concerned about the money, but more concerned about my legal rights as a mom with her son living in another country. Please help me with any advice you may have! Thank you!
1 Answer from Attorneys
I would suggest you get a court approved agreement and have your son allowed to spend the summer only with his father. If after the summer is over and your son has returned, then make the next decision with your son.