QUESTION
If my soon to be ex files for relocation petition to pcs to another state with my sons, and is denied can he still get custody?
Asked on Dec 18th, 2015 on Family Law - Florida
More details to this question:
he's active duty military pcsing to another state and says that our next hearing for the divorce and my petition for relocation, he will fight for custody, and even going so far to have his mother come from another state and move with him to the other state. Even after the judge denied him, he says he's going to get custody, but the judge told him that he can leave but the kids stay with me. can he still get custody even if he's told he can't take my kids who are 4 and 5?
1 ANSWER
Just because he was not allowed to relocate with the children does not mean he cannot see the children. He is still entitled to see the children- called timesharing (not custody), unless he has done something terribly wrong and would be a detriment to the children. Most likely, the judge would work out a parenting plan where the Father can see the children in FL, maybe over long weekends, and maybe the children can travel to the state where he lives over long breaks like winter and summer break.
Below is a link to the FL statute that includes the factors the judge must consider when creating a parenting plan. http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.13.html
Also, below is a link for a long distance parenting plan. http://www.flcourts.org/core/fileparse.php/533/urlt/995c.pdf
Best of Luck and Happy Holidays,
Helena Y. Farber, Esq. ~Associate Attorney~
Law Office of Cindy S. Vova, P.A.
www.vovalaw.com
Answered on Dec 23rd, 2015 at 6:43 AM