Contest A Relocation Petition

by Heath from Panama City, Florida, Bay County

Contest A Relocation Petition:
Is there a form I can file to contest my ex-wifes motion to have our kids move out of Florida?

She is saying that I am in contempt for late child support payments and medical expense payments.

My child support was late because I set it up to come out through wage deduction with my employer and when the file to pay was submitted from my company the child support dispersment unit in Tallahassee transposed the last number in the file. It took three months to for the state to figure out what was happening. Those payments are being caught up now.

Then I changed companies on May 1 2010 due to a buyout of my last companies contract. In the meantime (2 months) my new company has set up the wage deduction but my ex still has not recieved a payment.

So I have started to pay through online payment to the state. Also she is saying when the kids stay with me, me and my girlfriend fight. Now she is trying to use this to get an order to relocate them to Alabama.

Answer to Florida Court Forms Child Visitation Question

Dear Heath,

If she filed a motion -- you can answer that motion. Be sure to answer with specificity all of the allegations she has made regarding your failure to pay child support.

If you can obtain documentation for the state disbursement unit that there was a mix up in processing your child support payments, that evidence should help you immensely.

Likewise, find documentation to prove that you were paying child support payments in full and on time, but for whatever reason they were not being forwarded to her.

Whether or not a judge allows her to relocate the children to Alabama may depend on several factors. In general, the definition of relocation means moving more than 50 miles away; or outside of a 50 mile radius.

How much time you spend with your children; and what steps she plans to take to ensure that you can have a continuing relationship with your children; should be considerations.

If she is moving there to find a better job, that is a persuasive reason to be allowed to relocate with children.

On the other hand, if her reasons are to be closer to her family and make it more difficult for you to see your children, then a judge would likely not support that.

The fact that you and your girlfriend fight might not be important. As long as your fighting isn't constant or violent, I think that people, judges included, understand that people have disagreements.

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