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My ex moved to the next county, interfering with my custody. What forms do I need to file?
Anonymous3 views4 answers
My ex moved 45 minutes south (put of our couets jurisdiction) enrolling our son in school that far away. the length of the drive prevents me from being able to get him to school on time, so she keeps him two of my court-ordered nights. she refuses to pick up or drop off. The court order refers to day care: He's now 9 years old. This summer schedule is quickly becoming an issue and I need to file for modification.
Ultimately, if she didn't move so far, I would have time to take him to school and reading camp this june, therefore having my granted time with him. As of now, I can't get him to and from school the last week of June without getting fired, as well as a reading camp at the end of june. The paperwork states I have the first 4 weeks of june, and she has the first 4 weeks of july.
Jurisdiction is within the state of FL and venue is within the county. If you already have a court case, the fact that she moved is irrelevant. You still go to the same court you have previously gone to. She would have to file a motion to transfer venue in order to have the case moved. You could and should object at that point. According to 61.13001, FL statutes, she can move with the minor child within 50 miles and it is not considered a relocation. If she moved outside of the 50 miles and did not petition for relocation, she is in violation of the law and you can immediately file a motion for enforcement and for return of minor child. Additionally, even if she has the right to move within 50 miles, if you have shared parental responsibility, she certainly does not have the right to change his school without your consent. You should speak to a local family law attorney who can go over all the facts of your case and give you specific advice.
You need to review your Parenting Plan and the provisions of Fla. Stat. 61.13001 (link below) to see if she is not complying with the law or prior court orders.
I agree with both attorneys. Depending on how far she moved, then there is an issue that needs to be immediately addressed. Also, her moving and changing schools without discussing it with you is a shared parenting issue. If she moved farther than 50 miles, she is going to have to prove it is in the best interest of the child. Also it appears that the exchange of the child is now an issue. You need to look at the parenting plan and determine if you need to request a change to and her meet you halfway for an exchange of your child.
Because your issues are of great importance, you should be immediately consulting with a family law attorney. Time is of the essence. Do not delay. Good Luck.
Firstly, you need to hire an attorney to determine the best course of action. Her move and change of schools of your child was a "major decision" and most likely a violation of the shared parenting provisions of your Final Judgment. A Motion for Contempt/Enforcement and/or a Supplemental Petition for Modification might be in order. However, you may not want to modify the Final Judgment if it contains provisions that are favorable to you. The best course of action may be a Motion for Contempt
