Ocala, FL asked in Family Law and Child Custody for Florida

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?

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1 Lawyer Answer
Destardes Moore
Destardes Moore
  • Divorce Lawyer
  • Jacksonville, FL
  • Licensed in Florida

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!

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