Q: I have full custody of my kids and their dad has 3hrs a week visitation which he never took.
The judge told me i cant move my kids out of ny state. I moved to florida 5 years ago and florida set support to 650. I think my kids dad will tell the courts i left so he wont have to pay that. since i been here so long and the kids and i are established can the judge force me to move back to ny?
A: You will likely need to consult with an attorney in NY to determine what document you would need to file under the circumstances. In Florida, the document that must be filed is called a Petition to Relocate. If the opposing party does not agree with the relocation and you moved contrary to the court order, the Judge can require you to move back or penalize you in other ways for violating the court order. However, you would likely want to argue that the Father never exercised his visitation and that relocating was in the best interests of the minor children due to employment, housing, etc. Good Luck with everything!
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.