Q: Wife won physical custody in Kansas. She moved to Florida so they could be near me. The kids moved in with me.
They have lived with me for 7 years and she sees them once a month if that. She does not pay any support and I take care of the health insurance and medical costs. They are registered for school in my district and I am the main contact on all legal matters. I even claim them on my taxes. Can it be considered abandonment since he had custody but wants no responsibility? If I want to take him court for custody, do we have to go to Kansas? Also if I wanted to move to another state, can I just go with kids? They are 16 and 15.
A: What you need to do is consult with an attorney in Kansas first about perhaps filing a petition for modification. You need to at least learn what needs to be done. Technically, in my opinion, she has not abandoned the children. You can also see an attorney in FL about domesticating and then modifying the Kansas judgment, since the parties now reside in FL.
A:
If you and the kids live in FL then file a case in FL to modify the Order.
Use of a lawyer is recommended.
John A. Smitten, Esquire
Carey Leisure and Neal
622 Bypass Drive, Suite 100
Clearwater, FL 33764
Phone: 727-799-3900/Fax: 727-490-4944
jsmitten@careyandleisure.com
www.careyandleisure.com
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