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Question about relocation

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sassymommy27

Junior Member
What is the name of your state? Florida
My ex husband and I had a daugther who is now 2 years of age in the state of Florida. We have been divorced since last November(2004), and have shared parental responsibility; where I have primary residency and he is secondary residency. We have tried twice after the divorce to reconcile and have failed. I now want to relocate to start over and provide better education for my child. I want to move to North Carolina where I will be living with my parents, working and going back to school. I Have done research and found this city to be safer than the one I am living in now. I was told by one attorney I had to give him 60 day notice in writing. Now my ex husband is threatening to take me to court and stop me because he doesn't want me moving out of state. Can he do this?
 


CJane

Senior Member
sassymommy27 said:
Can he do this?
Yup. And it's going to be up to you to prove that your move is in the best interests of the child - not just that the city is safer, but that the benefits of her moving outweigh the downside of her not seeing her father as often. Also, IF your move is granted, expect to be held 100% responsible for transportation expenses so that visitation can be facilitated.
 

NotSoNew

Senior Member
yes he can file his objection with the court and then you will have to prove that it is in the childs best interest (not yours) to move out of the state, and you will have to provide an alternate parenting plan. You may also be responsbile for transportation fees since you are creating the distance and should you get permission to move, and jurisdiction remains in FL you will have to travel there for all future court proceedings.
 

stealth2

Under the Radar Member
You betcha. In addition to what was posted already, know that jurisdiction will remain in FL as long as he resides there - so that's where you'll have to go for any modifications, disputes, etc.
 

ShakinMyHead

Junior Member
In a similar situation, from MA to FL, the jurisdiction changed after my stepdaughter lived in FL for 6 months with her mom.
The judge in MA stated this after my husband went for visitation modification and we had to start all over in FL.
 
T

titansfan

Guest
dad cant stop you from moving, but he sure can prevent his daughter from moving. he can even go so far as to file for custody. which is what he would probaly do if you moved without permission.
 

hearttornfl1

Junior Member
dont move

im not an attorney but i am speaking from experience; even though you may think the new life you want in NC would be the best - how can the child possibly have the best without knowing his/her real parents?
perhaps another city or county would be better suited. think of your child first rather than your "new life". instead of working on your reconcilement, work on allowing your child to know the both of you amicably.

its just so sad that children have to endure the brunt of failed relationships.

just my opinion.
 
Last edited:

jelly

Member
imagine to not to be able to see your kid whenever you want and have a say on what goes on with her life.. watch someone else make all the decisions from a distance. to get pictures of her in the mail and just see her grow up away from you and not have a tight relationship with you because you only see her a couple times a year.. that sucks.
no matter how good it is for you to move and how good the schools are, its gonna damage their relationship. the courts are not gonna take this lightly because a looot of people go in there saying they want to move for a fresh start.. but hardly ever a divorce calls for a fresh start for the child. on the contrary, you want to preserve the stability of having both parents, rather than having to deal with not seeing the one parent at all.
the fact that it would be financially good for you and would help you in going to college, is inderectly beneficial to the child.. assuming that you go through with it.
and you have a few years before your daughter is in school anyway.
 

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