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I have full physical custody of my two kids with my ex

husband I moved out of...
I have full physical custody of my two kids with my ex husband I moved out of state and didn't tell the court now he is trying to take my kids from me and I was wondering if I moved back could he still file and take my kids?
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Answered in 6 hours by:
3/23/2018
FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 30,919
Experience: 10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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Does he have visitation? Why did you move out of State without asking him or getting permission from the court?

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Customer reply replied 1 month ago
He does have visitation right he gets them during breaks and summers..I didn't know I had to let them know the only reason i found out is because he told me ...I moved because it was closer to my mom and dad and they help me with childcare as I work because I have two other kids and he doesn't pay nothing in child support.

Thank you for the reply. You did need his permission or an order from the court to relocate if you wanted to move out of State and take the children. If you were unaware but returned with them and now are in Florida, the Judge could hold you in contempt of court and sanction you for this but it would be at their discretion and they would look at your intent and if you interfered at all, with the rights of the father. As far as him using this as a basis to take away custody, it is unlikely. I say this because the Judge will act in the best interest of the children and if you were awarded full custody and he just has visitation, it was done for a reason so the Judge should not punish you for this mistake and allow him to have the kids, when he was not awarded them in the first place.

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Customer reply replied 1 month ago
We have shared responsibility rights 50/50

Yes, that should remain in place and when you relocated, you took those rights away from him, which is why you could be held in contempt of court. That is up to the Judge.

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Customer reply replied 1 month ago
Should I go back and file a petition to relocate? And I could still get in trouble even though I'm coming back?
Customer reply replied 1 month ago
the outcome can get me in trouble either I come back or not?
If you returned you should avoid getting in trouble but if you do want to relocate you must file a motion and have it court ordered.
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If you return and come back it should minimize the situation.
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Customer reply replied 1 month ago
Okay thank you so much
You are welcome and glad I was able to assist. If you have not already I kindly just ask that you rate my help at the top at this time. Thank you again.
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Customer reply replied 1 month ago
Just one more quick question if I do move back there is no reason to file a petition to relocate or should I still do because I did move
Only if you were to relocate again would you need to do it. If you are going to stay and remain in Florida you do not.
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You are welcome. Please let me know if there is anything else, as I would be happy to respond. If not, please remember to rate my help at this time at the top of this page, prior to leaving, so I can receive the proper credit, for our time together. A 5 STAR rating is greatly appreciated. Thank you.

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