Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

I am relocating out of the state of florida this saturday. I…

Customer Question
Hi, I am relocating...

Hi, I am relocating out of the state of florida this saturday. I am the custodial parent of our daughter and my ex says he consulted a lawyer and said i cannot take our daughter with me to ohio without going through the courts first. Him and his new wife can afford a lawyer, I cannot. I feel so alone and dont know what to do.

Lawyer's Assistant: Since laws vary from place to place, what state is this in?

Florida

Lawyer's Assistant: Has anything been filed or reported?

I dont know what to file so i can take my daughter with me or file something to where it does not reflect any kind of abandonment

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

My divorce decree does not state anything about relocation

Submitted: 3 months ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 2 minutes by:
1/9/2018
Family Lawyer: Nisha Jones,
 replied 3 months ago
Nisha Jones
Category: Family Law
Satisfied Customers: 2,598
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified

Good afternoon, I am an attorney expert with the JustAnswer website, and former Prosecutor for the State Attorney's Office. I have a near 100% customer satisfaction rate, and I'll be answering your questions today. Keep in mind this is for informational purposes only and we do not have an attorney-client relationship. Please allow me just a few minutes to review your question, thank you!

Ask Your Own Family Law Question
Family Lawyer: Nisha Jones,
 replied 3 months ago

I'm sorry to hear about your situation.

You do need to obtain either consent or a court order before moving out of state.

Section 61.13001 of the Florida Statutes states that “If a parent attempts to relocate with a child and fails to comply with section 61.13001(3) of the Florida Statutes regarding the petition to relocate, such parent may be subject to contempt and other proceedings to compel the return of the child, and such non-compliance may be taken into account by the court in a subsequent determination or modification of the parenting plan, access, or the time-sharing schedule.”

Since your ex is not willing to consent to the move, you'll need to file a petition with the court in order to allow the move. The petition requires a variety of information, including the reason for the move, the specific location of the move, a proposal for visitation and parenting schedules after the move, and notice to the non-custodial parent.

Once your petition is set for a hearing, the judge will then make a decision either granting or denying the move based on what's in the best interest of your daughter.

Factors the court considers in determing the best interest standard for your daughter include: how the move will affect her relationship with family or friends in the area, how the move will affect her mental, physical, and emotional health and development, your reasons for the relocation, and your ex's reasons for objecting.

I'm sorry it's not an easier process, but I hope that information helps!

Please let me know if you have any other questions. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more (5 stars are always appreciated). The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

Ask Your Own Family Law Question
Customer reply replied 3 months ago
my case# ***** the fourth judicial circuit court for duval county is 05-4244-fm under my ex married name Nancy L. Bailey
Family Lawyer: Nisha Jones,
 replied 3 months ago

Did you receive my prior message? I'll resend it.

Ask Your Own Family Law Question
Family Lawyer: Nisha Jones,
 replied 3 months ago

I'm sorry to hear about your situation.

You do need to obtain either consent or a court order before moving out of state.

Section 61.13001 of the Florida Statutes states that “If a parent attempts to relocate with a child and fails to comply with section 61.13001(3) of the Florida Statutes regarding the petition to relocate, such parent may be subject to contempt and other proceedings to compel the return of the child, and such non-compliance may be taken into account by the court in a subsequent determination or modification of the parenting plan, access, or the time-sharing schedule.”

Since your ex is not willing to consent to the move, you'll need to file a petition with the court in order to allow the move. The petition requires a variety of information, including the reason for the move, the specific location of the move, a proposal for visitation and parenting schedules after the move, and notice to the non-custodial parent.

Once your petition is set for a hearing, the judge will then make a decision either granting or denying the move based on what's in the best interest of your daughter.

Factors the court considers in determing the best interest standard for your daughter include: how the move will affect her relationship with family or friends in the area, how the move will affect her mental, physical, and emotional health and development, your reasons for the relocation, and your ex's reasons for objecting.

I'm sorry it's not an easier process, but I hope that information helps!

Please let me know if you have any other questions. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more (5 stars are always appreciated). The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

9 Jan 2018, 12:04 PM

Ask Your Own Family Law Question
Family Lawyer: Nisha Jones,
 replied 3 months ago

Hi! Just checking in to see if you have any more questions? I hope I was able to address all of your concerns. Please let me know, I'm here to help. Thanks!

Ask Your Own Family Law Question
Was this answer helpful?
Ask Nisha Jones Your Own Question
Nisha Jones
Nisha Jones
Nisha Jones
Category: Family Law
Satisfied Customers: 2,598
2,598 Satisfied Customers
Experience: Managing Attorney at Nisha Jones Law, LLC

Nisha Jones is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,875 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

Barrister

Barrister

Lawyer

3,415 satisfied customers

Attorney with 17 years experience

P. Simmons

P. Simmons

Lawyer

3,398 satisfied customers

16 yrs. of experience including family law.

RobertJDFL

RobertJDFL

Lawyer

2,787 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
I need to amend my parenting plan which states that my son
I need to amend my parenting plan which states that my son will go to his Dad … read more
Ray
Ray
Lawyer
Doctoral Degree
32,095 satisfied customers
My divorce papers say that other visitation pursuant to 7th
my divorce papers say that other visitation pursuant to 7th circuit local guidelines attached, in addition, Father shall have reasonable visitation w/24 hr notice to mother. now he states that it mean… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Are there abandonment laws in nm? Is the husband responsible
Are there abandonment laws in nm? Is the husband responsible to pay all bills if he left the home? … read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
491 satisfied customers
I have a parenting plan in the state of ... It is my
ok...... i have a parenting plan in the state of washington... It is my birthday today & according to our parent plan my son was to be with me today. My gun owning , angry (court ordered in anger management) called my father & myself today demaning i bring our son to him...... he called thurston county & pierce county & told them i kidnapped my son the officers cleared me & suggested i get a protection order .... my question is.... i'm scared to take my son to his father tomorrow.... since i plan on getting the order monday morning ... do i have to take my son to see his dad tomorrow? I'm scared he wll take off with him … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,229 satisfied customers
My daughter has a temporary parenting plan in place for
My daughter has a temporary parenting plan in place for 50-50. Her daughters dad has been in jail since feb 23 and will be there for awhile. We put in for temporary full custody it the court date is t… read more
Ray
Ray
Lawyer
Doctoral Degree
32,095 satisfied customers
Are my medical issues grounds enough to get a parenting plan
Are my medical issues grounds enough to get a parenting plan changed … read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
800 satisfied customers
If my spouse abandons me and abandons her dogs here at our
If my spouse abandons me and abandons her dogs here at our marital home that were her property prior to marriage that were very ill can I sue her for vet bills and care of the animals I'm in the state… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I have a shared parenting plan and the fsther is refusing to
I have a shared parenting plan and the fsther is refusing to exercise his right to visitation. He only visits his child one day a week and ebery other weekend. He refuses to abide by the order. He did not take her for spring break. When he does have her he has her for a few hoirs and sends her to her grandfather. In the order he is to transport her to all activities on his scheduled time but refuses to. What can I do? … read more
LegalGems
LegalGems
Juris Doctorate
11,587 satisfied customers
Have a few questions about modifying a parenting plan. I'm
second opinion] Have a few questions about modifying a parenting plan. I'm in Washington State. I feel like I have a pretty complex situation and would like to get someone else's perspective after bei… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I have filed for a parenting plan modification for our two
Hi. I have filed for a parenting plan modification for our two children between my ex and myself. I have full custody, he has visitation. The kids are 12 and 16 (17 in a few weeks). In September my ex… read more
Ray
Ray
Lawyer
Doctoral Degree
32,095 satisfied customers
Wife abandoned our sex life in January 2014. She abandoned
wife abandoned our sex life in January 2014. She abandoned our home right after our 13th wedding anniversary.In Michigan will the charge of abandonment. be sufficient … read more
Nisha Jones
Nisha Jones
2,598 satisfied customers
An agreed, signed and filed parenting plan with the
An agreed, signed and filed parenting plan with the Leavenworth County Kansas family court, apparently yet to be signed off of by the judge. The respondent is pro per and is now objecting to the paren… read more
Ray
Ray
Lawyer
Doctoral Degree
32,095 satisfied customers
I am concerned because the parent plan states certain time
I am concerned because the parent plan states certain time spent with my 11 year old daughter with her dad but living arrangements have changed and the father is now living with girlfriends dad and he… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,118 satisfied customers
I have a question about parenting plan to stop divorce.
I have a question about parenting plan to stop divorce … read more
Sue
Sue
Juris Doctorate
384 satisfied customers
Where can get abandonment divorce form that I can do myself,
where can get abandonment divorce form that I can do myself, I dont have money I'm disabled … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
2,855 satisfied customers
Currently stuck in a terrible parenting plan with my ex
Currently stuck in a terrible parenting plan with my ex having 50% of the time of my 7 month old. We are currently in divorce proceedings. He got this schedule by FALSE allegations. What can be done? … read more
Ray
Ray
Lawyer
Doctoral Degree
32,095 satisfied customers
What is the standard review period for a Parenting Plan in
What is the standard review period for a Parenting Plan in Arizona? Once a year? Once ever two years? Once every three years?Once a child is in a school they are seldom transferred unless both parents… read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
800 satisfied customers
If I have a visitation schedule with a temp parenting plan,
If I have a visitation schedule with a temp parenting plan, son is special needs and he has special services he attends , the father is not taking our child to these special services only the girlfrie… read more
Sue
Sue
Juris Doctorate
384 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x