Q: Will my child be free from their father if their father moves from Pennsylvania to Florida without an arrangement?
We do not currently have an official custody arrangement. It has been 9 years since we divorced. The children are both 15 years old. We are afraid to go for court for one because the children don't want to see their father more than they have to if we fail to get sole custody. However, the father is moving to Florida in a month. He hasn't gotten a court order that will make my children fly down to see him. He expects that my children want to, because they are scared to tell him they don't want to see him. (Their father has a quick temper)
Would we be safe, legally, once their father has relocated to Florida?
A: I am not sure what safe legally means? The father has an equal right to see his children, so a court may order visitation. The children's viewpoint is one of 16 factors the court considers in ordering visitation. Here is where it gets nasty. Florida is a member of the custody compact but they also have rules of their own. You have avoided letting the court get involved. Be careful that at some point he doesn't get the court involved to your detriment. At the very least, consult with a local attorney before this happens.
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