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Recent Shared Parenting questions

My husband decided yesterday that he doesn't want to be

My husband decided yesterday that he doesn't want to be married anymore. We have a one year old and a three year old..can I move to California with kids now? We currently live in Florida but I hate it here and want to return home. He throws up in my face that I can't leave because he wants joint custody. Is this true?

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RobertJDFL

Attorney

Juris Doctorate

14,628 satisfied customers
Not sure. I was looking for some family law advice. I'm

Not sure. I was looking for some family law advice. I'm currently divorced and have shared parenting with my ex-husband. I never opted for child support, but I've been having issues getting him to help pay for stuff for our daughter. I was considering requesting child support.JA: How old is the child? Is there an agreement for payment of child support?Customer: She's 8 1/2. No agreement for child support. I opted not to do it at the time of our divorce. It was an amicable divorce and he has been helpful in the past with paying half of her expenses. I usually have to ask/remind him several times before he sends payment. It's frustrating.JA: Has anything been filed or reported?Customer: No.JA: Anything else you want the lawyer to know before I connect you?Customer: I don't think so.

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LawTalk

Attorney at Law

Juris Doctor

37,114 satisfied customers
I live in SD, I have 50/50 split custody of my 5yr old son.

I live in SD, I have 50/50 split custody of my 5yr old son. I am just changing careers and looking at moving 45min away. My ex lives 15 miles out of the school district that my son attends school in and I would be leaving the school district. If I moved would I be the one more than likely to have to become non custodial parent?JA: Are there any minor children from the relationship? What is the custody situation?Customer: Yes my son is 5. We have 50/50 shared parenting with no primary custodianJA: Has anything been filed or reported?Customer: We are officially divorced. 1.5 yrs ago my ex had to quit his job as a high school teacher due to having relations with a high school girl but she was not a minor.JA: Anything else you want the lawyer to know before I connect you?Customer: When I moved from the same school district that my ex is in to the school district that I am now in ,which is 15 min apart, my ex contested that. So Im pretty sure he would not willingly allow me to move and take my son.

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FamilyAnswer

Juris Doctor

35,978 satisfied customers
Divorced 12/15 50/50 Shared Parenting, 3 kids (7,14,17)

Divorced 12/15 50/50 Shared Parenting, 3 kids (7,14,17)Location: FloridaSubject Relocation issueLast year in November, I filed a Petition to Modify Parenting time because my ex-wife did not adhere to the plan, which gave us 50/50 shared parenting. The kids were with me the majority of the time. At the hearing before the Magistrate two days ago, she revealed that she will be moving 360 miles away next week(!) and provided a Relocation/Long Distance Plan which I would never agree to. I was never given any Notice of Intent but only found out about this during the hearing for my modification petition 2 days ago. I was told that she accepted a new job and will be (temporarily) living with a friend that has a "big house" and she wants to let the kids stay with me for most of the time but wants them for all school vacations and holiday (e.g. all summer, all spring break, Thankgiving etc. every year) starting this summer.My modification petition was based on her living 5 minutes away and I asked to give her every other weekend instead of every other week because that has been the status quo for almost a year. Her moving 6 hours away obviously changes everything...Here are my questions:What is the proper procedure to object to this relocation? I am familiar with the FL Relocation Status.Doing some research, I came up with these possibilities:- Motion for Contempt because she failed to file Notice of Intent- Motion to Prevent Relocation- Motion to Object to RelocationWhich of these options should I choose or is there a better way to address this?She will be moving next week (without the kids), so I need to act quickly and want to file something by Monday while she is still in town.

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Ely

Counselor at Law

Juris Doctor

69,106 satisfied customers
I was served with a standing order for family law. I have no

Hello... I was served with a standing order for family law. I have no idea what it really means or how to react.JA: Family law varies by state. What state are you in?Customer: FloridaJA: Have you talked to a lawyer yet?Customer: noJA: Anything else you want the lawyer to know before I connect you?Customer: unmarried.

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FamilyAnswer

Juris Doctor

35,978 satisfied customers
I pay child support for my middle child and his dad claimed

Hi I pay child support for my middle child and his dad claimed that he don't get no income so they're going by mine and they're taking 109 every week but I just found out that he's starting his own business can I take it back to courtJA: Because family law varies from place to place, can you tell me what state this is in?Customer: Toledo ohioJA: Have you talked to a lawyer yet?Customer: No not yet because I have no money right now until I get my taxes backJA: Anything else you want the lawyer to know before I connect you?Customer: Yeah do you guys take it back to court to get full custody or share parenting two and if so how much an hour

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LegalGems

Juris Doctorate

18,140 satisfied customers
If my ex and I can come to an agreement about the children's

If my ex and I can come to an agreement about the children's schedule and shared expenses, does a custodial parent HAVE to be named? I have the kids 18 days a month and she has them 12 (most months unless we need to switch for any reason). However, the kids use her address for their school district. Would I be considered the custodial parent since I have them more or would she because her address is used for school? Or is it based on something else?

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FamilyAttorney

Appellate attorney & former trial lawyer

JD

2,382 satisfied customers
Will parents failure to communicate and hostility towards

Will parents failure to communicate and hostility towards each other in contested custody determinations cause one to not be granted shared parental responsibility?

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LegalGems

Juris Doctorate

18,140 satisfied customers
Does a dissenting opinion in an appellate case hold any

Does a dissenting opinion in an appellate case hold any merit if it conflicts with the prior majority analysis of other courts?For example Stepp v. Stepp 1988 was a milestone case for the shared parental responsibility law being applied to unwed parents just as it would married parents, stating that there be no need for the unwed father to find the mother unfit.Turn now to Bainbridge v. Pratt 2011, which the dissenting opinion would seem to turn prior decisions on its head and add the substantial change test, which is similar to the finding of unfitness, to initial determinations for custody.Which opinion controls what tests are applied to initial custody determinations when you still have laws like 744.301 and 742.031 that grants sole custodial rights to the unwed mother?

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JD 1992

Juris Doctor

37,850 satisfied customers
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