Family Law Questions? Ask a Family Lawyer Online.
I'm Lucy, and I'd be happy to answer your questions today.
Are you asking about relocation with minor children from the marriage? What does the current court order say about custody?
One of the options (and the easiest for everyone involved) is to get a written agreement with your exhusband that talks about relocation and what you'll do when either of you is moved by the military. But I realize that's not always possible.
Yes, I do. I'm still typing. Give me a minute.
Fl. Stat., Section 61.13001 lays out the requirements for a relocation request. Among other things, the parent must state where they are going and the date they intend to move. That could be a problem if you don't have your orders yet. You're also required to include your proposed plan for visitation after you move - and that's also a problem if you don't know where you'll be going. Which means there's a strong possibility that a relocation request right now would be denied as premature. But you can request a temporary order when you file, so even with only 30 days notice, it may be possible to get a quick hearing and a temporary order allowing you to take them with you. The issue there is that you'd have to come back for a later hearing, or see if your lawyer could get them to agree to allow you to appear by phone.
A better option might be to request a modification, asking the judge to put in the order that you have a right to take the children with you when moved due to military orders.
Talk to your lawyer and see how long it normally takes to get temporary orders in your county and if your judge is one who might allow telephone appearances. If he doesn't think that'll work, then you can ask if modifying the order would help at all.
You can file for relocation as soon as you get the RIP. That gives you more time and should help significantly.
The history of domestic violence will strongly favor you, more so than breastfeeding. That's because courts aren't really allowed to favor the mother over the father, even in areas where biology makes the mother more equipped to feed the child.
Emotional maltreatment also counts in your favor. How old is the oldest?
Thank you. I was hoping she'd be old enough to talk to the judge. But you can still testify to what you've witnessed and bring in anyone else who has seen the same behavior.
Any agreement would have to be in writing, so it might help to approach him via email or text message. That really depends on how he prefers to communicate. Initially, he might be more agreeable of it comes as a more casual request than if your lawyer sent him a letter. That depends a lot on the individual. But offering to waive child support is a strong motivator (or even reducing it).
I completely understand. It sounds like there's a good chance you'll get to take them.
You're welcome. Have a good day.