I moved to another county in Mid February of this year I had emailed my daughters father about the move and the area we would be living at. He said he was fine with it as long as it did not mess with his 3 nights with her I have it in email. Now that my daughter has asked about trying the school where we moved he is starting to have a issue with the movie. I am 35 miles from his home to mine, I am under the 50 miles and did not have to go through court. He is now trying to move to St Augustine Beach area to add more miles so he can try to get me in contempt of court. Can he do that?
Divorce / Separation Lawyer
I do not think that he can. Did you make sure to get his approval in writing? It sounds like you may have email confirmation which is likely good enough; particularly because you don't need permission (typically) for a move less than 50 miles. I would review your Final Judgment very carefully, if you have not already. You can't control what he does or what he files.
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Family Law Attorney
So you appear to know about the relocation statute in Florida. That is a good start. The 50 miles is 50 miles from where you resided at the time of the final judgment, so his moving is not relevant. Keep the email and the full string of the email conversation, just in case you need it at some point. He would have to file some kind of motion to ask the court to review if you violated any part of your final judgment/parenting plan. If he does file a motion and you receive a copy of it... contact an attorney who practices family law in your area.
Best of everything to you.
Divorce / Separation Lawyer
He cannot successful have you held in contempt because he now moves in order to make the distance greater between the two households.
The statute looks at the location at the time of the entry of the Final Judgment.
Nothing in this post should be considered as specific legal advice, since the attorney has not been made aware of all of the facts and has not reviewed the pertinent documents. Further, this post is for informational and educational purposes and does not establish a lawyer-client relationship.
Eileen D. Jacobs, Esq.
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