QUESTION
My ex took our children and moved from Ga. to FL. What should I do?
Asked on Jul 07th, 2015 on Family Law - Florida
More details to this question:
We have joint custody but she has primary physical custody and I have visitation. I have not seen my 2 girls in 7 weeks and have only been allowed to speak to them less than a dozen times for a total of 40 minutes. She has not or will not answer my question as to when and how am I to see the girls. She is totally ignoring court ordered visitation plan and the daily phone call allowed to the girls as well as no notice of a move which was supposed to be 30 days prior to any move. What are my options at this point?
1 ANSWER
Family Law Attorney serving Boca Raton, FL
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The Law Offices of Robert L. Bogen, P.A.
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I assume you have a Florida court order regarding timesharing. By Florida law, before she changes her residence, or the child's residence, by more than 50 miles, she is required to either obtain your written agreement which defines a revised timesharing schedule, or file a petition to relocate. If she did not do this, you should file a motion to have her held in contempt and for the child to be returned. The court will conduct a hearing, and her non-compliance with the law will be taken into consideration in determining if she should be allowed to relocate with the child, if the child needs to be brought back to Florida on a temporary basis, and the degree to which timesharing should be modified (and who will pay for fees and traveling costs) if relocation is allowed either on a temporary or permanent basis.
Answered on Jul 07th, 2015 at 2:17 PM