Mulberry, FL asked in Family Law, Child Custody and Child Support for Florida

Q: We had 50/50 custody. We moved. Now we're back can the mother leave with the child to another state?

We had 50/50 custody we had to leave to go to Michigan. My mother had terminal cancer we left to care for her in her final months. We came back 1 yr later to FL. My husbands ex wife will not allow us to speak his daughter or pick her up. We still pay child support and nothing in the time sharing model has ever been changed since they divorced 12 yrs ago. The mother is now threatening to leave out of state with his daughter because she wantsaid to live with us. Can we obtain custody she is 12 yrs old? Can she do this? My husband also doesn't make any where near what he used to. We're 2 weeks late every month with support. What should we do?

1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: I'm not understanding how you were able to go to Michigan for a year without modifying the time sharing plan.

But assuming that this plan is still in effect, the mother cannot refuse your husband his visitation as specified in the plan. He needs to go to court to enforce it.

He should also ask that the child support he is obligated to pay be modified.

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