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Can CP move with the kids while divorce is in progress?

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nala_mia8

Junior Member
What is the name of your state (only U.S. law)? Florida

A petition and settlement agreement was inches from being signed and filed when CP reneged on the agreement. The CP is in the process of wanting to move and had the NCP's blessing as long as the settlement agreement was signed. Since neither party has officially filed even the petition (b/c they were attempting to do it uncontested), can the NCP file the petition and block the move? When I look at the do-it-yourself petition online, there's no space or box to check that indicates that the children shall remain in their current city, school, etc.

TIA!
 


Proserpina

Senior Member
Either party can file for an injunction preventing either party from taking the children out of X area for the duration of the divorce proceedings.

How far is CP wishing to move?
 

Gracie3787

Senior Member
What is the name of your state (only U.S. law)? Florida

A petition and settlement agreement was inches from being signed and filed when CP reneged on the agreement. The CP is in the process of wanting to move and had the NCP's blessing as long as the settlement agreement was signed. Since neither party has officially filed even the petition (b/c they were attempting to do it uncontested), can the NCP file the petition and block the move? When I look at the do-it-yourself petition online, there's no space or box to check that indicates that the children shall remain in their current city, school, etc.

TIA!
Are you saying that the divorce petition has not been filed at all yet?

If so, yes the CP certainly has the right to move.
The NCP can file a petition for divorce and also file and ask that the spouse be ordered to not remove the children from the state.

NCP will need to file petition form 12.901(b)(1) and form 12.941 at the same time. The instructions for both of the forms are very helpful.

These forms can be found at Florida State Courts by clicking on "family law forms".
 

nala_mia8

Junior Member
thanks!

Are you saying that the divorce petition has not been filed at all yet?

If so, yes the CP certainly has the right to move.
The NCP can file a petition for divorce and also file and ask that the spouse be ordered to not remove the children from the state.

NCP will need to file petition form 12.901(b)(1) and form 12.941 at the same time. The instructions for both of the forms are very helpful.

These forms can be found at Florida State Courts by clicking on "family law forms".
correct, the petition hasn't been filed. the move was scheduled to happen once the settlement was filed... leaving just the waiting period and formality to be all that remained.

Just wasn't sure where in the paperwork the moving restriction should be mentioned because I didn't see the 12.941 section. Thanks again!
 

nala_mia8

Junior Member
not sure it is...

How is that beneficial to the children?
CP has always wanted to move back to AL. The 18 year old is in junior college where they live now, so moving would mess up her college plans (might put her behind in credits), the 13 year old just made an extra curricular team and HATES any kind of change and the youngest child could do well and adjust if he were down in that mine with the Chileans. ;) The 18 year old can't legally be considered in this motion, but the 13 yo certainly can. CP would be taking a 35% pay cut and that's not including the extra state income tax that she'll be required to pay.

It's hard to see the upside...

The NCP doesn't want them to move until school is out (to make it easier on the teenager who despises change and is already acting out), but the CP insists on moving NOW. There's no real reason to MOVE NOW (as opposed to after school is out) except for CPs desire to do it now.
 

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