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Olivia Kent
Olivia Kent, Family Law Attorney
Category: Family Law
Satisfied Customers: 871
Experience:  Partner at Kent Law Group, LLC
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My ex husband recently moved to Tampa from Miami area and is

Customer Question

My ex husband recently moved to Tampa from Miami area and is possibly moving back. We have a family plan with visitation lined out by dates and have joint custody. Who is responsible for driving for visitation? He's reading the parent starting their visitation is the person responsible for picking up the child. Hence I would pick her up when his time is over anf mine starts. Currently we are splitting the driving as a favor but I'm concerned the drive to Miami will be an issue should he decide to move back
He moved from Miami to Tampa about 3 months ago. We were splitting the drive from Miami for about 3 mths prior bc our daughter preferred with the knowledge he was moving to tampa. Prior he was going the driving because he moved to Miami in the first place.
Submitted: 1 year ago.
Category: Family Law
Expert:  Olivia Kent replied 1 year ago.
Hello. My name is ***** ***** I'm an attorney. I'll be happy to help you in any way I can. If the parenting plan does not specifically address it *and* the two of you are unable to agree someone will need to file a motion to have the court decide. I hope that helps. My goal is to make sure you are completely satisfied before you submit your rating so please let me know if you have additional questions or you need me to clarify anything. If there is a delay in the time it takes me to respond it is because I am working with a customer or I am not online - but rest assured I will respond to your follow up question, if you have one. Also, I am on a mobile unit, which automatically asks you to submit a rating once I submit a response – but please don't feel like you need to do so until we are done speaking.
Customer: replied 1 year ago.
It says "parent starting visitation" but I've seen and as with my other daughter it's the person having their weekend time that does the drop offs and pick ups. Further I don't think I have visitation as she lives with me full time
Also can he move wherever he pleases and insist I drive to pick up?
I thought there were laws or rules in place that address that?
Expert:  Olivia Kent replied 1 year ago.
Typically, if they move more than 50 miles they are required to give you notice – but that is usually written into the settlement agreement.
Customer: replied 1 year ago.
Hmm it all seems to hinge on that wording regardless of where he decides to move?
Expert:  Olivia Kent replied 1 year ago.
It does. If your individual agreement doesn't address it then it defaults to state law, which tends to be 50 miles. So, for example, if they move outside the states but it's really only a mile that wood in theory have less of an impact then if they moved 50 miles within the same state thereby increasing the drive for both parents. I hope that helps. I am happy to keep working with you, but could you please take a moment to submit a rating. I don't get credit for working with you at all unless you're satisfied but also submit a rating. Please also let me know if you need me to clarify anything at all or if you have additional questions.

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