Relocating out of state with my minor child & DVI

Asked about 1 year ago - Tampa, FL

I need to relocate for for employment reasons.

Currently, my ex husband and I have shared custody but he never exercised his rights, is 1 year behind in child support, doesn't help with medical, dental, co-pays, etc. I pay 100% for my child. My ex-husband hasn't shown interest in her school functions, etc. Now a DVI injunction was granted and he is on supervised visits. Moving will allow financial stability, much better education and quality of life so I can afford to continue to pay for her sports, braces, etc. Under my circumstance, do I have a case and what is the probability to move? I also need an attorney who has specifically won these types of cases and is aggressive as my ex-husband uses our child a possession and doesn't look at what is in her best interest.

Attorney answers (5)

  1. Michael Charles McGinn

    Pro

    Contributor Level 15

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    Answered . You will need to file a Petition to Relocate. No attorney can guarantee the outcome in a case and relocations are often hard cases in which to prevail. That being said given the brief facts you have outlined above it does sound like you have very valid reasons to relocate. You need an experienced attorney who has handle these types of issues in the past. I would consult with several attorneys and choose the one you feel comfortable with hiring. I along with most other family law attorney offer free initial consultations. If you need further information please contact me. I wish you the best of luck.

    If you find my answer to be helpful or the best answer, please make sure to mark your choice. **COMMUNICATION ON... more
  2. Gwen Cryer

    Pro

    Contributor Level 10

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    Answered . All of the things your referred to are factors the court might consider when weighing your request to relocate, but understand courts start with the presumption it's in the best interests of the parents to stay in the same geographic area (thus the relocation statute exists). There are other factors you did not mention, such as how far away you are seeking to relocate, and even having all of the factors at hand it is difficult to tell you with any degree of certainty what a Judge would decide in this kind of forum. Hopefully a Tampa attorney will respond to your post and you can arrange a consultation to discuss your matter in more detail. Good luck.

  3. Eileen D. Jacobs

    Contributor Level 14

    4

    Lawyers agree

    Answered . Based upon the limited facts provided, it would appear that you do have a good faith basis to proceed with filing a Supplemental Petition to Relocate.

    It is essential that you confer with an experienced family law attorney, bringing with you a copy of your Final Judgment, any other post-judgment orders entered in your case, and the DVI.

    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.
    Office: 2505 W. Virginia Avenue
    Tampa, FL 33607
    (813) 877-9600
    Mailing: P.O. Box 14953
    Clearwater, Florida 33766-4953
    (727) 787-6595

  4. Betty Elaine Jones

    Contributor Level 19

    4

    Lawyers agree

    Answered . It does sound like you have a good case to take before the Court for relocation. I would need to find out more about what you mean with regard to his exercising parenting time. You have to comply with Florida Statute 61.13001.

    Sincerely,
    B. Elaine Jones, Esq.

  5. John Arthur Smitten

    Contributor Level 18

    3

    Lawyers agree

    Answered . You have to file a petition with the court to relocate.

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