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legaleagle, Lawyer
Category: Family Law
Satisfied Customers: 13441
Experience:  Practicing attorney for 10 years
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I am the Primary Caretaker of my two children, the father and

Customer Question

I am the Primary Caretaker of my two children, the father and I are not married. We do have a parenting plan that both of us agreed on. The agreement was settled in 2010 for state of California. They are the only source I had as far as family to lean on. I have been in a turbulent relationship with a boyfriend, who has caused me and my children a lot of distress, physical and verbal violence. They do have a good relationship with their father. Recently I went out to Florida for the summer to visit with my parents who live in Florida. They moved there 2 years ago when they retired. I needed them, I needed to get away from this violent relationship with the boyfriend. I tried leaving him several times and always would go back. So this vacation was definitly needed. The kids father had no problem with me leaving. Now that the summer is ending and I have to go back to California; I don't want to. The kids are happier in Florida, being with grandma and grandpa and seeing me less stressful and happier. I called the kids father and told him I wanted to stay in Florida for reasons above, I don't want to be involved with the boyfriend anymore and do not want the kids exposed to him. I know I would have a hard time staying away from him, he would track me down. He can not reach me out here and I have my parents support. I do however want the relationship with the kids and the father to be as close as it can be. I want my kids to have the whole summer to spend with their father,they would be flown out to California every year. During the school session I would have them communicating with him via SKYE or iChat. My question is how and what do I have to do to make this legal so that kids get the best of both of us?
Submitted: 4 years ago.
Category: Family Law
Expert:  legaleagle replied 4 years ago.

Thank you for contacting with your question. I will provide legal information related to your question.

Since you have a court order that was issued in CA you would need to motion with that court to modify the current order to allow you to live in FL and to issue a visitation order relating to time they will spend with their father and how the travel will be paid for. It is easier to get the current order modified if the father agrees, but if he fights it, you will have to return to CA to have a court hearing to get the court to decide what is best for the children.

Customer: replied 4 years ago.
I was expecting a more detail answer as to forms that are required should he not agreed. Which form do I start with, etc. The answer I received is what I all ready knew and that is why I asked the question
Expert:  legaleagle replied 4 years ago.
I am sorry. Since you did not ask for the forms I did not know that is what you were seeking. The form in CA to modify is FL-334 at