San Antonio, TX asked in Child Custody for Florida

Q: Order is in Florida. Have not seen child since September, filed contempt motion in Dec. but we have moved to Texas from

We seriously need advice. My husband has been going through a nasty custody battle in Florida. In December we filed a motion for contempt because the other party stopped showing up and he has not seen the child since September and there has been no contact with the other party. Early last month, we made the decision to move from Florida to Texas because the cost of living is too high, we have another baby, we were struggling with bills and we had no family or friends in Tampa, we were only there because of the military which he is not in anymore. Now we have a house plus our own jobs in Texas but the parenting plan is still in Florida. My husband has a court date next month, in July for the contempt motion. We know that we need to file a motion with the court to get a new parenting plan in Texas because we haven’t seen the child in almost a year and we want to be able to bring her to our home in Texas. What motion do we file for this? And when should we file the motion?

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2 Lawyer Answers
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: You don't need to transfer the case to Texas. Ask the judge's assistant if the motion hearing can be held on Zoom.

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

A: You need to file a Supplemental Petition for Relocation as soon as possible. In the pleading you need to ask for a long distance parenting plan. Relocation (when a parent moves to another state) can be a complicated legal issue. Speak with a local family lawyer for more specific advice.

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