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I'm extremely scared and have no idea what to do here. My ex…

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I'm extremely scared and have...
I'm extremely scared and have no idea what to do here. My ex husband I filing a motion for contempt against me because I moved without knowingly letting the courts know..I've only been here moved in MO for about two weeks now. I stayed in GA he stays in jax FL .Our divorce was in jax fl. Im in the process of filing a petition to relocate but I've already moved. but im also considering moving back with my kids. But ive got two jobs here and got approved for a house here im MO..Im so scared the judge will rule against me and he take my kids..I'm the custodian parent also
Submitted: 6 months ago.Category: Family Law
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Answered in 6 minutes by:
3/24/2018
Family Lawyer: Sean K, Family Law Attorney replied 6 months ago
Sean K
Sean K, Family Law Attorney
Category: Family Law
Satisfied Customers: 1,162
Experience: Family Law Attorney in Private Law Firm
Verified

Hi, I’m Sean and I will be assisting you as an expert today. I’m an attorney with more than 20 years of experience. It is my goal to provide a solid overview of your situation. Whether the analysis is good or bad as to your matter, I want to make sure you understand any points you need and that you have options to better address the questions you have. If I am able, I will also provide you with some resources. Please note that the system, independent from me, may offer a phone call. You are not obligated to engage in a phone call, but I am happy to speak if you desire. This is completely up to you.

Were there any discussions with your former husband prior to you moving?

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Customer reply replied 6 months ago
Yea when I was here visiting
Customer reply replied 6 months ago
but he saya no
Customer reply replied 6 months ago
Says
Family Lawyer: Sean K, Family Law Attorney replied 6 months ago

The concern is that in Florida there is a law that requires that prior to a move the moving parent receive permission from the other parent.

Have you discussed with him sorting out how he would have visitation?

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Customer reply replied 6 months ago
He doesn't agree with the terms..I asked is halfway fine or going half on a plane ticket
Family Lawyer: Sean K, Family Law Attorney replied 6 months ago

How often does he have visitation? Before the move?

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Customer reply replied 6 months ago
He got them on breaks and summers....because out size year old have school and were about five hours apart
Family Lawyer: Sean K, Family Law Attorney replied 6 months ago

Here is the thing for you, that really helps you out as the distance that was already in place what he will have now would be about the same.

You may want to consider offering him the following.

1 - the same schedule that he had before.

2 - Guaranteed facetime or Skype each week.

3 - You pay for say, 75% of the travel.

If you go to Court and can show the schedule would remain the same, you still may have issues with the move and having not told him, but his schedule would likely be the same.

You could also tell him that if you can't work it out, you will move back and he will have less than you are offering.

Please note: This is general information for educational purposes only and is not legal advice. There is no specific course of action is proposed and no attorney-client relationship or privilege formed within this conversation.

If you have any follow up questions it would be my pleasure to answer them. As experts we only get credit for the time and effort we spend on our answers if you rate us positively - 5 stars is definitely appreciated but not required! There is no cost associated with you rating me and you can still ask follow up questions after rating me and I will respond.

One final point, there may be a delay between your question and my answer; this is because I'm either not at my computer or helping someone else but rest assured, if you ask, I will provide an answer. Thank you again.

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Customer reply replied 6 months ago
Okay so can he take the kids from me ?
Customer reply replied 6 months ago
because he said that the kids will be with him next year and that takes her out of her school
Customer reply replied 6 months ago
Is there a possibly he can take my kids and get full physical custody
Family Lawyer: Sean K, Family Law Attorney replied 6 months ago

So could he take the children from you? Likely not at a Contempt hearing. Contempt hearings are designed to address alleged violations of an order.

Could he file a separate action and seek to have custody? Yes, he could do that, but just because he did this doesn't mean that he would be able to win.

The thing that works most in your favor is that with the move you did is that he would see the children the same amount of time.

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Family Lawyer: Sean K, Family Law Attorney replied 6 months ago

In large party, he is trying to scare you.

The Florida law that requires the agreement is designed to avoid having the Court's involved. However, just because the agreement requirement was not followed does not mean that the custody automatically changes, it just means a Court may have to decide.

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Family Lawyer: Sean K, Family Law Attorney replied 6 months ago

He probably doesn't realize it, but your only real issue is that there is no agreement on the move. That is why I suggest offering the points I set out for resolution and if not tell him you will move back because if you did move back, he is stuck with what he has now and no real chance for any change and certainly not on custody!

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Customer reply replied 6 months ago
Thank you so much ������
Customer reply replied 6 months ago
Should I put in a petition to relocate
Family Lawyer: Sean K, Family Law Attorney replied 6 months ago

That would certainly be an excellent idea and would get the ball rolling for you.

5 star ratings are always appreciated and you can ask questions after rating.

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Customer reply replied 6 months ago
I'm stuck on this relocation document do you think you can help me
Family Lawyer: Sean K, Family Law Attorney replied 6 months ago

I can certainly try. What issue are you having?

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Customer reply replied 6 months ago
We already have a parenting plan set but there is one in the petition for relocating.. I want to keep everything g the same besides the 75/20 Plane ticket and the half way mark drive
Customer reply replied 6 months ago
when I get back to my car I will upload so I can show you what I'm talking about.
Family Lawyer: Sean K, Family Law Attorney replied 6 months ago

very good

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Customer reply replied 6 months ago
This is form 12.995(c)
Customer reply replied 6 months ago
Do I fill out what I want to modify?
Family Lawyer: Sean K, Family Law Attorney replied 6 months ago

Absolutely, you vill out what you want to modify and how you want things to be after the Court would rule. And I believe you are looking for sole custody or share parenting with decision making authority and you would want the authority.

5 star ratings are appreciated.

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Family Lawyer: Sean K, Family Law Attorney replied 5 months ago

Wanted to follow up and check in. Also wanted to ask you to consider rating me 5 stars (if you are happy with the service received) the ratings is how we are evaluated on the site. Thanks again!

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