QUESTION
What are my rights regarding a temp stay from Florida to North Carolina.
Asked on Jun 18th, 2015 on Family Law - Florida
More details to this question:
I am going through a divorce, I am the respondent. The petitioner and I made a agreement, had to notarized and filed at the court. We are awaiting a court date. We have a seven year old son. WE live in South Florida. Our condo foreclosed on April 11 of this year. I am now at my parent's house while looking for a new place to live. I have found a great opportunity to stay up in the mountains in North Carolina for two months, July and August. This will provide my son a wonderful new experience. My soon to be ex husband is not allowing our son to go. He says our son and only go for a week. This home is affordable and presents a wonderful experience. And we will be out of the heat during the two hottest months here in Florida. I would like to know what my rights are. If there is anything I can do that is legal in order to go to North Carolina without my son's father's consent.
1 ANSWER
You have to follow the agreement you signed. It dictates the timesharing and travel with the minor child out of state. If the agreement is vague as to the timesharing for the summer and the father is unreasonable withhold consent, you can motion the court to allow you to go to North Carolina. However, you might now get a hearing in time for July. You might want to mention something about this situation at the final hearing.
Best of Luck,
Helena Y. Farber, Esq. ~Associate Attorney~
Law Office of Cindy S. Vova, P.A.
www.vovalaw.com
Answered on Jun 19th, 2015 at 8:47 AM