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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
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Experience:  Attorney with experience in family law.
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How to properly file modification when our 16 year old daughter

Resolved Question:

How to properly file modification when our 16 year old daughter has moved to live with us in Indianapolis this summer? can we use an addendum with address change or do we have to apply for modification of parenting plan. the jurisdiction is in florida where mother and her brother live now. However, my stepdaughter has just told us that mom is moving with our 8 year old step son to new york from florida next month after failing to send him to us last week for a christmas visitation, where do we file contempt/enforcement?
Submitted: 1 year ago.
Category: Family Law
Expert:  Lucy, Esq. replied 1 year ago.
Hi,

My name is XXXXX XXXXX I'd be happy to answer your questions today.
If your daughter has moved in with you, the best thing to do is file a Motion to Modify the Parenting Plan. This serves multiple purposes - first, it prevents the other custodial parent from later trying to use the original court order to force your daughter to go back. Second, it allows you to change the child support order so that you're not paying support for a child who lives with you (or from the state taking the money automatically out of your pay). The judge will consider her reasons for moving in with her, as well as her wishes, since she is 16 years old, so the modification really should be just a formality to protect you.
As far as your son goes, the court where the original order is entered retains jurisdiction to enforce it. So, jurisdiction for having her held in contempt of court lies in Florida. Once you get a contempt judgment in Florida, the New York courts are required by the Constitution to enforce it.
If you have any questions at all about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service at 3-5 faces/stars so that I get credit for helping you today. Thank you.
Customer: replied 1 year ago.

Thank you so much Lucy, this is a great help. I would just like to ask a related question. Since she is moving next month, does she need to file intent to relocate where we can discuss this new modification or she does not have to do that since we are already having parenting plan for out of state visitation. The trick is, that we, under current plan, have the obligation to purchase non stop direct flights for minors unaccompanied, which is possible now, but not sure if we would be able to do that after the move. Our stepson has autism and we are not sure how we would fly him here without a direct ticket. Thanks a lot

Expert:  Lucy, Esq. replied 1 year ago.
Many airlines will assist with unaccompanied minors on layovers by ensuring that they get from one gate to the other in time (and have a place for the minor to wait between flights other than the gate area), but that doesn't really change the legal outcome.

Technically, she does need to file the intent to relocate if the current custody order only provides for her to have the child in Florida, even if you're not currently living there (this also ensures that you have the child's current address). I don't know that the judge would find her in contempt for failing to file, though, especially if you don't object to the move itself. If it's not possible to do direct flights from her new location to yours (or it's significantly more expensive), that would be a reason to ask the judge to look at the move, because you could ask that the mother be ordered to pay the added expenses, or to put a cap on how much you can be required to pay for direct flights if they're available.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 21090
Experience: Attorney with experience in family law.
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