Jacksonville, FL asked in Family Law for Florida

Q: If my ex is planning to move out the state with our son, what can I do to stop her from taking out of state?

My ex is planning to move out of Florida with my son. I

moved here in 2009 to be closer to him. She has not told me

but has told others that have advised me. I don't want to

jump if she's not going to move but I don't want to wait

till the last minute when they have spent their money and

made plans. She is telling everyone either before or after FEb. 2012.

What can I do? Do I need to wait till she is gone the 60

days (and it's over 50 miles from current residence) before

I can do anything? I am pretty sure she does not know she

can not move over 50 without filling it with the court but

until she tells me I don't want to tell her because she may

move and not tell me where or anything else. I just want to

know what to do...Should I wait till they are gone the 60

days and more than 50 miles without filling with the

court....or is there is something I can do now?

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1 Lawyer Answer
Nancy Adkins
Nancy Adkins
Answered
  • Sunrise, FL
  • Licensed in Florida

A: If you have a court order here in Florida that says your son belongs here, then you need to file a motion for enforcement. you need her to express to the court her intentions - whatever they are. If you don't have a court order here in Florida, then move to modify the order that you have from another state OR get an order established NOW. It is imperative to do it now while Florida has jurisdiction (six month minimum) because if you wait.....you could lose it. Best.

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