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Divorced with 50/50 custody of 15yr old. Ex is moving 35-50 miles out of town with son still attending same hs. What r my rights
Anonymous2 views4 answers
Nothing in court papers state we both have to live in same city. My concerns are that his entire life is in city he attends school. How can he get a pt job when he lives in 2 cities? When he turns 16 ex is planning to let new 16yr old drive to school when 35-50 miles away from school.
What statutes cover this?
Unless your Final Judgment states otherwise a parent may relocate with a child up to 50 miles without the other parent's consent or court approval. For more information you may wish to review Florida Statute 61.13001.
Sincerely,
Daniel Bachert, Esq.
The prior response provides the information you have requested. I suggest that you have a consultation with a local divorce attorney to discuss all of the relevant facts of your case.
Charles Daniel JamiesonDivorce / Separation LawyerWest Palm Beach, FLFL licensed ·
I agree with Mr. Bachert. If your Final Judgment does not mention relocation restrictions then your former spouse can relocate within 50 miles of her current residence. I would consult with an experienced family law attorney in your area to review your Final Judgment and guide you in the right direction.
Best of Luck,
Charles D. Jamieson, Esquire
Kathryn Joan HillFamily Law AttorneyVero Beach, FL ·
You would have to file a petition to modify the final judgment in which you must allege (and prove) that there has been a substantial, material, and unanticipated change in circumstance since the entry of the final judgment In order to modify the time-sharing schedule. It's possible that moving a substantial distance away could be such a change, but if it's not 50+ miles it would depend on the circumstances and what the judge determines in his or her discretion is in the child's best interests.