QUESTION

I remarried and moved out of state. Will I have to move back?

Asked on Jun 03rd, 2018 on Family Law - Florida
More details to this question:
I was denied relocation before and the court order says I cannot leave the county with my minor child. When I remarried, my ex husband was in prison and we moved out of state. Although the court order was issued in 2013, I remarried in 2015 and moved in 2015. Will the court make us up and move back? My ex husband doesn’t support the child and he has a direct contact by phone as ordered with my child.
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1 ANSWER

Family Law Attorney serving Plantation, FL
3 Awards
  Dear Ms. Henderson:    If the court denied your relocation petition in 2013, and you did not go back and try again (because of a change in circumstances) then certainly the Court could make you return to Florida or, alternatively, give the majority timesharing to your ex husband.  The latter may be unlikely if his criminal conduct would be detrimental to your children.   Now, with that said, since it has already been three years, it is possible your ex will not file any court papers to have you return.  And, if he did, and the judge granted it, you could then refile to relocate.   Another matter in your favor ist that there is an argument that the Florida court lost jurisdiction over your children because they have been out of Florida for more than 6 months.  That would be the first matter i would raise if the ex filed to have the children returned and that may win the day.   And, as you know, the best defense is an offense.  So if the ex tries to do anything, the fact that he has not supported the children does not help his case.  Of course, that assume he knows where to send support because you moved, that could be a problem as well.     So if he does try and file to have the children returned, I do suggest you contact an attorney. There are many issues here, and competent legal counsel can assist in helping you stay where you are. Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova Broward: 954-316-3496 Boca Raton: 561-962-2785 info@vovalaw.com    
Answered on Jun 03rd, 2018 at 12:25 PM

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