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I am in the military and so is my ex husband we are already…

I am in the military...
I am in the military and so is my ex husband we are already divorced. I know for a fact that I will be getting orders within the next 4 to 5 months can I have my attorney petition for me a relocation? Verses waiting for my orders because if we wait for me to get my orders it will be too late because your orders are the last thing you get within 30 days more or less right before you get ready to move
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Answered in 1 minute by:
8/23/2017
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 32,264
Experience: Attorney with experience in family law.
Verified

Hi,

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?

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Customer reply replied 11 months ago
it is with two minor children my youngest is 8 months my oldest is two. I have primary of the youngest and the oldest is split custody
Customer reply replied 11 months ago
we are already divorced. I will have to go back to court to ask the state of florida to let me take my kids.

Thank you.

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.

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Customer reply replied 11 months ago
That isn't going to work with him. I dont feel like you understand what I am asking.

Yes, I do. I'm still typing. Give me a minute.

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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.

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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.

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Customer reply replied 11 months ago
There is a way for me to find out where I will be going its called a RIP and what that is, is an unoffical order that will state all of that information of where I am going and when I will be leaving with my report no later than date. But the orders is the last thing you get before you head out. I dont want to risk leaving without my kids. If i ask my attorney to file a modification what would it need to state and would that mess with me having the time tp file for a relocation order right after?
Customer reply replied 11 months ago
Also in your opinion if my youngest is less than 1 and I still breastfeed him, also if there is history of domestic abuse. And if there is a case with family advocacy against him with child emotional maltreatment to our oldest child. What are the odds that the court will favor me and let me take my kids?

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.

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Emotional maltreatment also counts in your favor. How old is the oldest?

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Customer reply replied 11 months ago
She is 2

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.

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Customer reply replied 11 months ago
How would I go about striking up a deal with my ex and if he would be willing to let me take The kids with me than he doesn't have to pay child support? And he gets them during the summer for two weeks. For and every other xmas.

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).

Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 32,264
Experience: Attorney with experience in family law.
Verified
Lucy, Esq. and 87 other Family Law Specialists are ready to help you
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Customer reply replied 11 months ago
Because at the end of the day I want to be able to take my babies with me.
Customer reply replied 11 months ago
Okay will you have been a big help thank you

I completely understand. It sounds like there's a good chance you'll get to take them.

You're welcome. Have a good day.

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