Hi my name is cintia and I have a question ..first I will give you some details. I'm moving to SC, My ex boyfriend and I made a relocation agreement which he sign. We went to the general magistrate which he told her he agreed on the move, and then she send us to mediation(she said I can appear by court if I have to go) because of child support which is coming up this Friday. Now he told me he won't let our son go. Can he do that? He wants me to leave my son here which I will never do that . I'm married and have 2 more children we have all my family in S.C... plus his reasons are not good he is mad because my son says he has 2 dads.. his 6 years old and my husband has been with him since 2 we never told him to call him that ... he feel like my husband is like a dad because he is there every day. My ex only gets him every other weekend. . I just want to know if is possible what he is trying to do ? Because we r ready to move we have to leave this house by June 30 . I'm worry I don't know what to do everything was planned and now last minute his doing this . I will really appreciate your advice Thank you in advance!
Do you have a custody agreement in place? Is there a child support order with visitation to Father? If Father doesn’t agree to the move, then you must file a petition for relocation with the court. The petition must include:
•The physical location, mailing address, and telephone number of the new home (if known)
•The date of the proposed move
•The specific reasons for the move (a parent who is moving to accept a job offer that has been put in writing must include a copy of the offer with the petition)
•A proposal for parenting and visitation schedules after the move, along with transportation arrangements, and
•A notice telling the other parent how to object to the petition and the consequences of failing to do so.
If Father fails to respond to the petition, the judge will presume the move is in the child’s best interests and will allow it, absent good cause to do otherwise. If Father responds, the court will hold a hearing or trial to decide the issue.
Family court judges in Florida always rule in favor of what is in the children’s best interests. If moving away from friends and family will be a traumatic experience for them, the court may not allow the move. Parents who want to relocate and obtain the court’s permission must make a compelling case to convince the judge that relocating will have a positive effect on the family. Some factors that the judge will consider are:
•the child’s relationship with the parent who wants to move, the other parent, siblings, and other people who are important to the child
•how the move will impact the child’s mental, physical and emotional development, taking into consideration the child’s age and any special needs the child has
•if the child’s relationship with the non-relocating parent can be preserved by making alternate arrangements for visitation
•the preference of the child, if appropriate
•how the relocation will enhance both the lives of the parent and child
•the reasons for relocation, such as better educational or employment opportunities
•the reasons why the noncustodial parent objects to the relocation, and
•any history of domestic abuse.
I suggest you contact a local family law attorney to discuss your options. Best of luck.
Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.
A relocation written agreement must contain certain things per statute. I would need to see your agreement to see if it contains all the required language. My guess is that it does not or the magistrate would not have sent you to mediation. However it is hard to provide the proper advice without seeing the agreement. Also every magistrate hearing is recorded. This everything he agreed to at the hearing is on record. You will just have to get it transcribed. Many family law attorneys like myself offer free initial consultations. I would suggest you consult with one of us and bring the agreement so we can best advise you.
Legal disclaimer: 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
You have his written consent to move in the agreement, right? Read that agreement. Go see a family attorney in your area.
R. Jason de Groot, Esq. We do not have an attorney-client relationship. I am not your lawyer. The statements I make do not constitute legal advice. Any statements made by me are based upon the limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in Florida.
Relocations are very tricky because you need to know factors. You need to hire an attorney ASAP. Perhaps your ex will agree if certain timesharing conditions are put in place. If not, you will have to seek court intervention. But as I said, hire an attorney and don't do this alone. You have too much at stake
Richard S. Chizever, Esq. is a family law attorney licensed in the state of Florida. This answer is for general information only and does not create an attorney client relationship between Richard S. Chizever or the Law Office of Richard S. Chizever, P.A. and any person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.
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