More details to this question:
I lived in osceola county,florida. i moved three years ago but less than 15 miles away, my son's mother moved two years ago 60 miles away and I never thought anything of it, now better opportunity makes me leave farther away, we she moved we never went to court nor did I sign a paper. The only thing I ask from her it to meet me half way on the day she drops him off and I will drive him completely back on my day. What can I do she want me to go to court and give full custody to her..
1 ANSWER
Florida law provides that parents may move 50 miles from where the lived at the time an order establishing time sharing is entered. You say you moved 15 miles away, which is allowable. If the mother moved 60 miles from where she used to live, she has violated Florida Law by not filing for relocation pursuant to Florida Statute 61.13001. So, if the child's mother has violated this provision, you can file to have the child returned back within the 50 mile radius. This is an oversimplification, and a full exploration of your situation requires more facts and more time. However, if she has moved more than 60 miles, she has violated Florida law and you are not going to lose your timesharing rights because of her violation. Stand up for your rights. She may ultimately be granted the right to the reolcation she already did, but the court will adjust timesharing so you still are able to spend meaningful and quality time with your son. However, you have to file a Motion to hold her in contempt or for return of the child to get before the court.
Best of luck,
Cindy Vova
Law Office of Cindy S. Vova
info@vovalaw.com
954-316-3496
Answered on Feb 05th, 2017 at 3:18 PM