QUESTION

Can the mother of my child move out of state

Asked on Aug 01st, 2018 on Child Custody - Florida
More details to this question:
My child’s mother and I have 50-50 custody she has not been following the custody agreement and is wanting to move to Texas from Florida and leave me without seeing my daughter at all and still paying child support can she legally move in if we went to my child’s mother and I have 50-50 custody she has not been following the custody agreement and is wanting to move to Texas from Florida and leave me without seeing my daughter at all and still paying child support and she legally move and if we went to court Would a judge even consider granting her full custody and allow her to move with the child
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1 ANSWER

Heather Cherepkai
Generally, the Court retains jurisdiction over the case and children in most dissolution or custody matters to enforce or modify orders, including parenting plans and time-sharing.  Additionally, parents are not allowed to move out of state with a child once the Court has jurisidction over the child unless there is a modification of the time-sharing and parenting plan and court approval.  With that said, if the mother relocates with the child without permission then she will be in violation of the court order and you can proceed with a motion for contempt and enforcement of the time-sharing.  If the Judge does permit the mother to relocate and the time-sharing is changed, based upon that relocation, then there will no longer be a 50/50 time-sharing, thus the child support will then change, and so if the child is with the mother the majority of the time then you will likely end up paying more in child support and see your child less.  I would suggest consulting with an attorney to review all of your options and the possible outcomes. 
Answered on Aug 02nd, 2018 at 9:19 AM

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