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Jack R.
Jack R., Attorney
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Experience:  OH/TX Practicing Attorney focusing on Family Law, Foreclosure, Landlord-Tenant Issues.
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I live in Key West fl and my sons mom who is the costodial

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I live in Key West fl and my sons mom who is the costodial parent wants to move out of monroe county. Im the non costodial parent and i have my son every Friday from 5 P.M. until Sunday at 7 P.M. and on Tuesdays from 5 P.M. to 9 p.m. she has the option to keep him once a month for the weekend if she wants to. I do pay child support and it is taken out of my check. My son is 12 now and has told me that he does not want to move. I tried to talk to her but she will not talk to me about it. I dont have much money left after child support and im trying to live as best i can. I have been employed at the same job for 20 years. Her on the other hand never has a stable job. She also says that she wants to send him back to therapy but never lets me know when he goes. Do I have the right as a father to know that so I can attend? If so what can I do to enforce that? Can she move legally with out my consent? Please help me I dont know what else to do. Thanks, Mario
Your ex-wife must file a notice of relocation with the court and serve you. You must file an objection to the move.

1. The objection must be served on the moving parent within 30 days after you receive the Notice of Intent to Relocate. Send the original objection to the other parent. Although regular mail is acceptable, at a minimum you should request the delivery confirmation service. If you cannot prove your objection was delivered, the judge

may sign an order ratifying the intended relocation and you will have to spend time and money trying to unravel the whole mess.
   2. Your objection must have specific facts about your reasons for objecting, including a statement of the amount you participate currently, or have participated, in your child’s life. You want to describe all your visitation and activities fully. Since the law requires “meaningful” contact with both parents, you’ll want to describe how the proposal lessens the quality of your contact with the child.
   3. The objection must be notarized or signed under penalty of perjury.

If you fail to object on time, it will be presumed the move is in the best interest of the child, and it will be allowed, unless there is “good cause.” The judge will sign an order, with a copy of the Notice of Intent to Relocate attached. The order will say it is entered as a result of the failure to object, and adopt the visitation schedule and transportation arrangements in the Notice.

If you object on time, the parent who wants to move has to file a motion for permission to move before he or she can relocate. If you object to the relocation, you must follow the procedures to stop the intended relocation of your child after a Florida divorce.

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This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.

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