I live in Florida and so does my sons father. We were never married but we do have a court ordered time sharing agreement. My sons father lives 7 hours away already and his time sharing will be cut shorter soon due to my son starting school. My husband and I met in Florida, he is an officer in the US Navy and recently got restationed to Virginia where I plan to move with him with my son but my sons father wants to fight this.
Before you can relocate, you must file a petition for relocation. There is a specific statute that must be followed to the letter of the law in filing this petition. It is found in Florida Statute 61.13001.
Now as to the "odds" of whether the Court will allow you to move, you will find about 20 factors that the court weighs in making its decision. One of the principal factors is whether the non-relocating parent will be able to still have meaningful timesharing once you move.
You state: 1) You are already 7 hours from where the father lives; and 2) the current timesharing will be reduced because your son is starting school.
So first, how much further will the father be from you once you're in Virginia, and how would the child be transported to the father, what is the cost, and how long will the commute take?
Second, given that your child is starting school, what would the schedule be if you did not move, and can it be replicated with the move?
This is a situation where you really would benefit from consulting with an attorney. He/she can give you a better idea of your chances of success.
Best of luck to you and thank your husband for his service to our country.
Cindy S. Vova
Law Office of Cindy S. Vova, P.A.
Ft. Lauderdale/Boca Raton
954-316-3496
info@vovalaw.com
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