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FiveStarLaw
FiveStarLaw, Lawyer
Category: Family Law
Satisfied Customers: 36494
Experience:  25 years of experience helping people like you.
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I am in a custody battle. My spouse claims that she needs to

Customer Question

I am in a custody battle. My spouse claims that she needs to relocate from Florida to Maryland temporarily. my attorney doesn't seem to have a problem with that but I know first hand that there isn't any temporary relocations. And this move is not mandatory it is voluntarily requested. What do you think I should do.
Submitted: 1 year ago.
Category: Family Law
Expert:  FiveStarLaw replied 1 year ago.
*This chat is not intended as legal advice. It is general information that may or may not apply to your situation and should not be relied upon.*

Hello,

Thank you for your question. My name is XXXXX XXXXX I will do whatever I can to answer your questions!

To assist me in answering your question, please tell me:
1. Where do you reside?
2. What are your current parenting plan terms?
3. What are the ages of your children?
4. In what state with the current parenting plan issued?


Thanks!
Customer: replied 1 year ago.

I currently reside in New Jersey,I have been a resident for 1 year. Florida has jurisdiction for this divorce and custody. My soon to be ex, has tried everything under the sun to keep my child from me. My attorney is aware of this. All of a sudden now that she cant keep my child from me she claims that she has to temporarily move. She has requested a move through the post office in which was granted to Maryland but it is not temporary. what should I do

Expert:  FiveStarLaw replied 1 year ago.

Please realize that I am only aware of the facts that you tell me. I need to know:
1. Where do you reside?
2. What are your current parenting plan terms?
3. What are the ages of your children?
Customer: replied 1 year ago.

I reside in New Jersey, The parenting plans are just now starting to being discussed. the age of my son is 6 years of age.

Expert:  FiveStarLaw replied 1 year ago.

Thank you.

In light of the fact that you live in New Jersey, how would it adversely affect your parenting time if your son resides in Maryland instead of Florida?
Customer: replied 1 year ago.

I served her in FL. My attorney is in Fl. Her Attorney is in Florida the case is being held in Florida. Can she move the jurisdiction of this case after she moves and keep my son from me in this time period ?

Expert:  FiveStarLaw replied 1 year ago.

This is a different question than what I understood initially. So please let me to clarify and this should be my last question– You are concerned that if the mother moves out of state during the pendency of the custody action that the case would be moved to Maryland?
Customer: replied 1 year ago.


yes and what should I do knowing that she lying about the temporary move

Expert:  FiveStarLaw replied 1 year ago.
Thank you Greg

To answer your first concern, the Florida court typically would retain jurisdiction and enter a custody order/parenting plan regardless of whether the mother chose to relocate out of state during the pendency of the proceeding. When a custody action is filed, it must be filed and heard in the home state of the child. The home state is the state in which the child has lived for the six months prior to filing. This is where jurisdiction will remain.

Secondly, once a case regarding custody of a child residing in Florida is served in Florida, there is usually a standing order that the parent cannot relocate without court consent

Lastly, it is very subjective and difficult to prove that the mother does not intend to reside in Maryland. Even if you can prove that she does not intend to reside permanently in Maryland, it likely would not have any effect on the proceeding unless you can convince the court that it is not in your child's best interests to be in Maryland

I would be glad to continue our conversation and respond to any follow-up questions that you may have.
Customer: replied 1 year ago.


well that's my main concern, is that she is relocating to Maryland permeate and telling the court she is temporarily moving.

Expert:  FiveStarLaw replied 1 year ago.

I understand.What proof do you have that she intends the move to be permanent and how does that affect your relationship with your son
Customer: replied 1 year ago.

her relocation papers doesn't state temporary, they are perminate relocation papers. And I feel she is going to keep my son from me as she has already done for a year.

Expert:  FiveStarLaw replied 1 year ago.

Regardless of whether she lives in Maryland or Florida, she will need to follow the parenting plan ordered by the Florida court. If I understand correctly up until this point you have not had a parenting plan in effect and therefore you did not have any ordered parenting time
Customer: replied 1 year ago.


yes that is correct, now that there is one that is going to be in affect she is moving. Also there is no temporary moves with the post office. you can request transfer with another carrier but there are only perminate transfers.

Expert:  FiveStarLaw replied 1 year ago.

I understand but even if it is a permanent move the parenting plan would govern your parenting rights
FiveStarLaw, Lawyer
Category: Family Law
Satisfied Customers: 36494
Experience: 25 years of experience helping people like you.
FiveStarLaw and 3 other Family Law Specialists are ready to help you
Expert:  FiveStarLaw replied 1 year ago.

Thank you very much for the "excellent service" rating and the bonus!

If I can be of assistance in the future, begin your question with: "For FiveStarLaw"

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