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?

Related Topics:
1 Lawyer Answer

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.

LEGAL DISCLAIMER: The information contained herein is strictly general and should NOT be construed as legal advise, nor to create ANY type of attorney/client relationship. Always seek the advice of a licensed attorney to ascertain the complete facts of your particular case. You can reach me in my Fort Lauderdale office at 954/734-6048. If you liked my response, please "MARK AS GOOD ANSWER." Thanks and best wishes

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.