He recently came into my house without permission and punched my son in the mouth. I had a restraining order on him but dismissed because he is a cop and would have lost his job. We both live in Miami dade county, fl. My son will be 18 in july 2012. mY daughter want s to go with me. I recently re married and my husband resides in Ga. My lease is up at the end of june and I want to move to GA
Just wait until the child is 18. You would not be able to get court permission to move by then anyway.
Family Law Attorney
If you want to move your daughter, you'll have to follow Florida's relocation procedure, which means you'll need written permission from the father or a court order. The procedure is very technical, so you'll need to speak to a lawyer. If the father won't agree, even though Florida provides for expedited hearings on relocation issues, there is almost certainly no way you'll be able to move your daughter at the end of June.
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Divorce / Separation Lawyer
No court can stop you from relocating where you want to relocate, they can however, prevent the children from relocating. While your son will be 18 next month, I am guessing your daughter is still a minor and therefore she cannot move to Georgia without having 1) Written permission from your ex husband or 2) permission from the Court. To get permission from the Court, you must file a Petition to Relocate. The procedures you need to follow are found in Florida Statute 61.13001 - which you can find on this link http://www.flsenate.gov/Laws/Statutes/2011/61.13001.
This is not an easy process and I would highly suggest getting an attorney to help you with this.
This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice nor does it constitute an attorney-client relationship
Without the father's permission you are unable to relocate your child unless you get a court order approving it. You will have to file a petition to relocate and attempt to get the court to entertain it in a timely manner, but the end of June is near so unlikely before then.
You should consult an attorney for advice regarding your individual situation since every case is different and not all information is relayed in an online question. The Law Office of Ophelia Bernal-Mora, P.A. is a family & criminal law firm located in Orlando, Florida, we invite you to contact us and welcome your calls at 407-377-6828. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.
Divorce / Separation Lawyer
As has been eloquently and accurately stated by the other answers, Florida has a strict procedure for relocation. The question is how is your daughter. Your son will be emancipated in July and he will no longer fall under the jurisdiction of the Court. If your daughter is 17, depending on the circumstances, it may be better to wait until she is also emancipated. If you wish to move and your daughter will not reach the age of 18 in the near future, you should contact an attorney to discuss the process and burden necessary to relocate out of the state.
Answers provide are general in nature. You should always consult a lawyer for an opinion on your legal matters.
This is a perfect example of why you need an attorney. Had your attorney insisted that the dismissal of the DVRO petition would be conditioned on your ability to relocate you would be in GA already and your ex would have his job intact. So now you have to deal with the provisions of Tit. 60 et seq and meet the criteria for relocating. Its not going to be easy. You really need the services of a seasoned family lawyer for this action. Go to my web site www.brawerhirschlaw.com and see focus area Relocation or call 954 522 1922.