Chantilly, VA asked in Child Custody for Florida

Q: I have majority custody of my kids. I got permission to move from FL to WV. Their father just moved from FL to SC.

He had agreed for us to relocate back to FL by Oct of this yr but moved to SC & now he’s saying I can not relocate the kids even though he already has an out of state parenting plan which he didn’t even keep them during his summer visit causing me to lose a good travel assignment. His parents are older & have issues with taking care of the kids. There’s no day care in my area & the pay here is low so I’m stuck staying with his family. I can make more money in FL & have more child care options. Can I move back without his consent since he’s already got an out of state parenting plan in place? From his location in SC it is actually 30 min closer to him. WV lawyers told me I have to address this in FL because that’s where the original agreement was issued.

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1 Lawyer Answer
Rand Scott Lieber
Rand Scott Lieber
  • Divorce Lawyer
  • Hollywood, FL
  • Licensed in Florida

A: The law in Florida is that you can only address children's issues if one or both of the parents (or the children) live in Florida. It sounds like no one lives in Florida anymore so you would need to go to court where you or the other parent lives. Should you move back to Florida and live here for six months then Florida would again have jurisdiction. Speak with a local family lawyer for more specific advice.

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