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-   -   Divorce and Moving Out of FL (https://www.askmehelpdesk.com/showthread.php?t=43704)

  • Nov 19, 2006, 10:47 AM
    janep
    Divorce and Moving Out of FL
    Short story - My ex had a 2 year affair, left myself and my 3 young children for another woman. We divorced. I will now be moving back to NJ where I have the support of family and friends.
    Does anyone know how the courts rule in Florida if the husband opposes? There is nothing in my divorce that says that I can't move.
  • Nov 19, 2006, 10:52 AM
    ScottGem
    Is there a custody or visitation agreement? If there is, then he may be able to prevent the move because it will make it more difficult for him to exercize the terms of that agreement. If there in'st any such agreement, it should be easier.
  • Nov 19, 2006, 10:56 AM
    janep
    The divorce custody agreement states that he will see the kids every Wed. afternoon and other time that are agreed upon by both parties. 1. Its very loosely stated. 2. He has not upheld the visitation and sees them about every 10 days to 2 weeks for about 3 hours.
  • Nov 19, 2006, 11:01 AM
    ScottGem
    Doesn't matter whether he has followed the terms of the agreement. The terms exist. Therefore you have to petition the court for a change in the agreement to allow the move.
  • Nov 19, 2006, 11:05 AM
    janep
    Thank you very much for your help. Yes, this was helpful as it gives me a clearer picture.
  • Nov 19, 2006, 03:55 PM
    s_cianci
    Is your ex aware of your plans to move? IF he doesn't contest the move and given that nothing in the original order says you can't, you shouldn't have any problem. If he does contest it, the court will probably still let you move if you can convince them that it's in yours and the childrens' best interests.
  • Nov 19, 2006, 03:56 PM
    s_cianci
    Quote:

    Originally Posted by janep
    The divorce custody agreement states that he will see the kids every Wed. afternoon and other time that are agreed upon by both parties. 1. Its very loosely stated. 2. He has not upheld the visitation and sees them about every 10 days to 2 weeks for about 3 hours.

    Be sure to tell all of this to the judge (if it gets that far.)

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