Moving out of state - non custodial parent already lives in a different state

[Tiffanyhalliday]

What is the name of your state? Florida

 

[Tiffanyhalliday]

My ex husband and I have a long distance time sharing agreement. I am the custodial parent of our two kids because he moved out of state 4 years ago. Our agreement states: if either parent wants to move out of state with the kids we have to agree or petition the courts. He no longer lives in Florida where I reside, I am trying to move to another state that is closer to him and he will not agree to it because he wants me to allow the kids to move in with him.

So my questions are:

Can I move to another state with my children without him agreeing or petitioning the courts if it does not affect our visitation schedule or do I need to petition the court if he will not agree? The move would actually benefit him since we will be much closer and he can see the children more often then he does now.

What will happen if I move without him agreeing?

Thank you for any information you can give!

 

[justalayman]

If the court order says the kids don’t leave the state without agreement between the parent or you must petition the court, well, you’ve reached the petition the court step.

If you move without him agreeing:

Depends on what he wants to do. To start with he can file seeking you be held in contempt and that you return to Florida.

 

[not2cleverRed]

My ex husband and I have a long distance time sharing agreement. I am the custodial parent of our two kids because he moved out of state 4 years ago. Our agreement states: if either parent wants to move out of state with the kids we have to agree or petition the courts. He no longer lives in Florida where I reside, I am trying to move to another state that is closer to him and he will not agree to it because he wants me to allow the kids to move in with him.

So my questions are:

Can I move to another state with my children without him agreeing or petitioning the courts if it does not affect our visitation schedule or do I need to petition the court if he will not agree? The move would actually benefit him since we will be much closer and he can see the children more often then he does now.

What will happen if I move without him agreeing?

Thank you for any information you can give!

If you move without him agreeing, you will be violating a court order. He can take you to court then and complain, and the judge could find you in contempt. This could be used as grounds to change custody or just be a slap on the wrist.

Why chance this?

Petition the court for permission to move. Your ex can protest the move... with what? "She can't move closer to me because I want to be a custodial parent"?

Get over your fear of court and do things the right way.

 

[LdiJ]

My ex husband and I have a long distance time sharing agreement. I am the custodial parent of our two kids because he moved out of state 4 years ago. Our agreement states: if either parent wants to move out of state with the kids we have to agree or petition the courts. He no longer lives in Florida where I reside, I am trying to move to another state that is closer to him and he will not agree to it because he wants me to allow the kids to move in with him.

So my questions are:

Can I move to another state with my children without him agreeing or petitioning the courts if it does not affect our visitation schedule or do I need to petition the court if he will not agree? The move would actually benefit him since we will be much closer and he can see the children more often then he does now.

What will happen if I move without him agreeing?

Thank you for any information you can give!

You really are going to have to petition the court. It will almost literally be a slam dunk for you because dad is being totally unreasonable withholding his consent, and the judge is likely to rip him a new one for being so unreasonable.

You could take the risk of moving without taking it to court, because dad is being so unreasonable, but it would be a lot more complicated to have to deal with court in FL if dad files to have you held in contempt, after you have moved. Its just much less of a risk to do it before you move.

If you will lose a new job or a promotion if you don't move by a certain deadline then factor that into your decision making.

 

[stealth2]

that you return to Florida.

Well, the court cannot order OP ro return to FL - only that the children do. Yes, semantics as the kids are unlikely to return alone, but in the interests of clarity.

 

[justalayman]

Well, the court cannot order OP ro return to FL - only that the children do. Yes, semantics as the kids are unlikely to return alone, but in the interests of clarity.

I was thinking a bit more practical. Since dad is in some other state, returning the children to Florida would be in effect ordering the mother to return.

But yes, technically you are correct.

 

[stealth2]

I was thinking a bit more practical. Since dad is in some other state, returning the children to Florida would be in effect ordering the mother to return.

But yes, technically you are correct.

Yep, I knew where you were headed. But sometimes things need spelling out.

 

[LdiJ]

Well, the court cannot order OP ro return to FL - only that the children do. Yes, semantics as the kids are unlikely to return alone, but in the interests of clarity.

Actually, in this instance the judge really cannot order mom OR the children to return to FL unless the judge is willing to put the children in foster care. Dad does not live in FL.