Child Relocation & Court Permission
by Anonymous from Florida
Relocating with a child when parents were never married and visitation rights were never established. My ex and I were never married and we had a little girl in 2007.
He signed her birth certificate but we ended up splitting up 3 months later.
For the first two years of her life he really wasn't an active part of her life. Recently he has been trying to see her a few weekends a month or one weekend a month.
He was put on child support in September of 2010, no visitation was ever set up and he never brought up custody or visitation rights.
She lives with me full time and he just ask to see her when he can because he works a lot of hours and can not commit to structured plan.
He lives in Gainesville and I live in Kissimmee, I have been in a long distance relationship with someone in Atlanta, Georgia and we are talking about getting married. He has a career in Georgia and an established residence.
I am between jobs and have a job offer in Atlanta. Can I relocate with my daughter as long as I am willing to be accommodating when it comes to visitation or can my ex out of spite stop me from moving and obtaining this job as well, even though I'm engaged and will move into a home and go from being unemployed to employed?
Answer to Florida Child Custody Question
Contrary to popular belief Florida courts do not prevent people from moving away and getting on with their lives.
It is only when divorced parents act vindictively that the courts must step in.
All that is required for you to relocate is that you have written permission from
your daughter's father.
There are forms available on the Florida Supreme Court's website, www.flcourts.org , that parents can file to have their agreement formalized through the court system.
Have a look at Florida's new Supreme Court approved Form 12-950a
, Agreement for Relocation of Minor Children to see if it is appropriate for your situation.
If your daughter's father refuses to provide you with written permission to relocate to another state with your daughter, you can petition through the court to do so.
Have a look at Florida's new Supreme Court approved Form 12-950d
, Supplemental Petition to Permit Relocation with Minor Children to see if it is appropriate for your situation.
At the same time as the courts do not want parents to act vindictively by relocating with a child to prevent the other parent's contact; the courts also do not want one parent to act vindictively in forcing a parent to stay in Florida.
The fact that you have a job offer in Atlanta is persuasive to the court in allowing you to relocate. The fact that your daughter's father does not have regular contact is also persuasive. And finally, the fact that you are willing to make fair and reasonable visitation arrangements also supports your goal in relocating elsewhere.Notice:
We provide these answers
to the general public and our website visitors as a means to further their online legal research. These answers are merely suggestions and should not be regarded as legal advice.
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