Legal Question in Family Law in Florida
My wife & I are going through a divorce & she wants to uproot our 2 children (10 & 6) and move to be closer to her boyfriend. She's within the 50 mile radias needed to get a written petition. She has no family in the area where she plans to move & no job (she's been unemployed for several years). She said she will "wing it" & will remove the kids from everything they know and love: family, friends, school, thier community. I am a fireman in the St. Petersburg florida area & very active in thier lives, however I know with my schedule I wouldn't be able to file for primary custody. There must be a loophole that can keep her from relocating (w/o the need to move for employment) & selfishly disrupting the kid's lives. This is in no way in their best interest...if it was it wouldn't matter. Please Help!
1 Answer from Attorneys
There is no longer primary and secondary custody. The Courts now use a Parenting/Time Sharing Plan.
Has the Court ever entered an Order setting up custody, and a Time Sharing Plan?
Have the parties entered a written agreement as to custody?
If neither an agreement, or Order, has been entered addressing custody, then you can move the Court to do so.
How long has she been with this guy?
If you opt to proceed without the assistance of counsel, be aware that you will not be entitled to a �do over� if things go badly.
The above information is provided without any consideration/payment having been received, and without full knowledge of all of the facts.
An internet inquiry is no substitution for an in-office consultation with an attorney.
If your situation falls within the Greater Tampa Bay area, I would be happy to schedule you for a no obligation half hour office consultation. The main office is in Dunedin, with a satellite location in Tampa.
Feel free to Google me.
Good Luck, Elliot Goldstein
Law Offices of Elliot Jay Goldstein, P.A.
1587 Main St., Ste. C
Dunedin, FL 34698
Tele. No.: 727/455-6596
Law Offices of Elliot Jay Goldstein, P.A.
550 N. Reo St. Ste. 300
Tampa, FL 33609
Tele. No.: 813/810-1500
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