Lithia Springs, GA asked in Child Custody and Family Law for Florida

Q: If CP becomes unemployed in FL can the NCP obtain custody of the kids to support and move out state to GA?

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2 Lawyer Answers
Rand Scott Lieber
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Answered
  • Divorce Lawyer
  • Hollywood, FL
  • Licensed in Florida

A: If your court order on timesharing is from Florida then you must return to court in Florida and prove to the court that it is in the child's best interest to relocate to Georgia. The court will consider numerous factors including each parent's financial ability and home situation.

Destardes Moore
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Destardes Moore
Answered
  • Divorce Lawyer
  • Jacksonville, FL
  • Licensed in Florida

A: If there is an Order in place, then the terms set forth in that Order will need to be followed as it pertains to timesharing and any modifications thereof. Usually, if the NCP has rights to the children pursuant to an Order, the NCP would need to file a Supplemental Petition to Modify Timesharing and Petition to Relocate unless the parties have a signed, written agreement. If there is no Order in place that governs timesharing, then the NCP will need to file a Petition to Determine Paternity and Establish Timesharing.

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