Legal Question in Family Law in Florida
my wife had an affair and is divorcing me, and wants to agree on child support without the courts involvement. but she also wants to move out of state with the kids. what should/can i do to insure that my kids will remain in the same state as me. i would hate to see my kids twice in a year. we are currently living in florida
4 Answers from Attorneys
Florida law forbids a parent from moving the kids more than 50 miles without a court order or the other parent's permission on a special form. If she moves the kids more than 50 miles, you should retain a lawyer. Incidentally, you can't simply "agree" on child support; you must have child support set according to Florida's child support guidelines system.
if the ex wants to relocte she has to petition the court, so you should retain counsel to help enforce and protect your rights.
If she wants to move with the children more than 50 miles, she will need to comply with Florida's Parental Relocation Statute, Chapter 61.13001. You should consult with a family law attorney in your area as soon as possible to protect your rights.
You do not have to agree to this move. She will need your permission in writing or the court's authority if you do not agree.
If you feel the marriage cannot be repaired and desire the divorce as well it may be best for you to be proactive and file the divorce.
Once the matter is filed, many counties have in place certain administrative orders which prohibits relocation without court order. This provides you with an additional tool for protecting your rights. Furthermore, if you feel the move is imminent, you can also file an Injunction to ask the court to direct her not to leave.