Q: What can I do about this?
My ex moved out of state to NJ during this outbreak of covid-19. We have two children together and I have primary residency here in the state of Florida. He has not notified the courts in anyway about his moving out of state. After a week of being moved he tells me over the phone that he was faxing paperwork to the courts here and states he is going to take the kids away because I work at a hospital as a CNA. He says he can do this because the kids aren't safe.. what are his rights on that? What are my rights on this?? Our kids have told him that they don't want to be with him ever. They are 12 and 8. Please help!!
A: It appears that he has technically violated the visitation plan. If necessary, you can file a motion with the court which approved it (in your dissolution, I assume). If you seek to have him punished it will probably be a matter of proving how much of a health risk you have been during this emergency.
Bruce Alexander Minnick agrees with this answer
A:
He's in violation of the relocation statute here in Florida which requires that a parent with a timesharing order request a relocation from the courts. The courts are not accepting any "faxes". They are also not accepting or hearing evidentiary matters that are not deemed true emergencies, which based on what you've said, this is not. He's trying to rattle you. I'd be prepared by consulting an attorney but I wouldn't give him the time of day OR send the kids to visit without a court order requiring that he return them to you.
Good luck and thank you for your sacrifice.
Bruce Alexander Minnick agrees with this answer
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