Father says he will block mother's move with child if she doesn't buy/rent a house in his school district for 50/50 custody. Can he do this? What type of judge would rule that mother cannot move with child for a much better paying job? Father currently 315 miles from child with primary custodial mom, move would mean 12 miles away. Father wouldn't answer clearly and then he consented then he put these conditions on her move "or else he will file an injunction preventing the move!" Mom just graduated college and has a job offer in town requested to move to and proud of opportunity. Mother offered every other weekend and additional timesharing as requested. Father currently has one weekend a month and claims transportation hardship, and frequently travels for work.
In order to move more than 50 miles a parent either needs the written permission of the other parent or a judge's permission. Relocating is not a simple thing and would require the filing of a petition.
Was there a divorce or a paternity action? The answer to this will determine what should be done next. If there never was a divorce or paternity action, there should be, and you can also include a petition to relocate as part of the pleadings.
That seems like a very odd response from the Father. I would suggest that you follow Florida Statute Section 61.13001 and if he does not agree to the relocation, then file your petition to relocate and then follow Florida Statute Section 57.105 and seek fees from him as a sanction.
You haven't provided us with enough information. For instance, were the mother and father married? If they were never married, has the father filed a paternity case? I noticed that you are posting in Lloyd, Florida. Since that's near the Georgia border and the father lives a long way off, does either parent live in Georgia? Have the legal proceedings regarding the child been in Georgia or Florida?
Generally, moving a child more than 50 miles can be forbidden by a Florida judge, even if the move is closer to the other parent. However, it would be pretty rare for a Florida judge to block a move which is nearer to the other parent. And even if the move is further away from the other parent, judges will tend to grant the move if it's in the best interest of the child. You should speak to a lawyer and explain all the facts of your situation.
I agree with the previous answers and would also like to add that no two cases are the same. Seems like you may have a good case, and may need to file paperwork to get the court's approval. Consult and attorney.
I agree with both attorneys. However, the starting point for analysis of these types of issues is having an experienced, family law attorney review the order that currently governs time-sharing in your matter. You have not indicated that an order has even be entered (I suspect that one has). However, the order provides critical information that is critical to giving you guidance. I realize that it's nearly impossible to even summarize the entire contents of such an order which is why it's imperative that you have a family law attorney review it. does not seem to allow the public to "attach" scanned copies of order and other documents to posts (which is good because that exceeds the scope and purpose of this forum).
With that qualification and assuming that there is an order, you should comply with the relocation statute identified by Ms. Augen. I would add that the father's behavior, as indicated, is so odd---that it leads me to believe that perhaps you have not included information that is fundamental to a proper analysis of your legal issue. This is yet another example of why it's necessary to retain family law counsel. Lastly, if you are required to comply with the Relocation Statute, your need for experienced counsel will be even more profound. Relocation cases are very technical and challenging; even for family law attorneys with years of experience. Relocation cases require attorneys to adhere to strict procedural rules that are time-sensitive. Failure to comply with the relocation statute is nearly always fatal to one's case. The best way that I can describe a relocation case in more simple terms is that it is essentially a full-blown trial that takes place during the course of a very short period of time. This means that things like discovery, depositions and so forth must be coordinated, scheduled and conducted immediately---or they won't be available to support a client's position.
As I've stated, the starting point is determining what your order states. You should contact an attorney in your area who is experienced not only in family law but in relocation cases as well. I wish you the best of luck.
