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I am going to court on Tuesday Pro Se, my ex-husband is

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trying to dismiss my motion...
I am going to court on Tuesday Pro Se, my ex-husband is trying to dismiss my motion and used an entire paragraph from the Riddle v Riddle case.
JA: Since laws vary from place to place, what state is this in?
Customer: Florida
JA: Has anything been filed or reported?
Customer: Yes
JA: Anything else you want the lawyer to know before I connect you?
Customer: I just need some case law where there has been a ruling granted in favor of a mother trying to relocate 53 miles from the father when the limit is 50.
Submitted: 5 months ago.Category: Legal
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6/17/2017
Lawyer: Michael Bradley, Lawyer replied 5 months ago
Michael Bradley
Category: Legal
Satisfied Customers: 1,127
Experience: Owner at The Protection Group LLC
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I am assuming that you have properly brought this matter before the court and made the request to relocate based on it being a 53 mile difference. Am I correct?

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Lawyer: Michael Bradley, Lawyer replied 5 months ago

The Riddle case is attached. I am not sure if it really applies to your scenario. I do not believe the facts of that case match yours but you may want to take a look at it.

http://caselaw.findlaw.com/fl-district-court-of-appeal/1854927.html

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Customer reply replied 5 months ago
I have. I have remarried and can not use my marriage as evidence, so I am using financial burden since the home I had lived in with my ex husband is forclosed and I don't have a home within the 50 mile radius. His response is:
A mother's financial instability, and frequent residence changes... are not sufficientgrounds to justify a custody modification. Burger v. Burger, 862 So. 2d 828, 829 (Fla. Dist.Ct. App. 2d Dist. 2003)
Customer reply replied 5 months ago
I am reading Burger v Burger and I see that the mother had a drug addiction and that this was FL to Colorado, all I want is 53 miles to live in the home my husband has owned for 20 years. We currently have 50/50 visitation week on/off which is making this so difficult. 2 children who are entering 4th and 2nd grade.
Lawyer: Michael Bradley, Lawyer replied 5 months ago

Here is the relocation statute that applies to what you're trying to do.

(7) NO PRESUMPTION; FACTORS TO DETERMINE CONTESTED RELOCATION. No presumption shall arise in favor of or against a request to relocate with the child when a primary residential parent seeks to move the child and the move will materially affect the current schedule of contact, access, and time-sharing with the nonrelocating parent or other person. In reaching its decision regarding a proposed temporary or permanent relocation, the court shall evaluate all of the following factors: (a) The nature, quality, extent of involvement, and duration of the child’s relationship with the parent proposing to relocate with the child and with the nonrelocating parent, other persons, siblings, half-siblings, and other significant persons in the child’s life. (b) The age and developmental stage of the child, the needs of the child, and the likely impact the relocation will have on the child’s physical, educational, and emotional development, taking into consideration any special needs of the child. (c) The feasibility of preserving the relationship between the nonrelocating parent or other person and the child through substitute arrangements that take into consideration the logistics of contact, access, visitation, and time sharing, as well as the financial circumstances of the parties; whether those factors are sufficient to foster a continuing meaningful relationship between the child and the nonrelocating parent or other person; and the likelihood of compliance with the substitute arrangements by the relocating parent once he or she is out of the jurisdiction of the court. (d) The child’s preference, taking into consideration the age and maturity of the child. (e) Whether the relocation will enhance the general quality of life for both the parent seeking the relocation and the child, including, but not limited to, financial or emotional benefits or educational opportunities. (f) The reasons of each parent or other person for seeking or opposing the relocation. (g) The current employment and economic circumstances of each parent or other person and whether or not the proposed relocation is necessary to improve the economic circumstances of the parent or other person seeking relocation of the child. (h) That the relocation is sought in good faith and the extent to which the objecting parent has fulfilled his or her financial obligations to the parent or other person seeking relocation, including child support, spousal support, and marital property and marital debt obligations. (i) The career and other opportunities available to the objecting parent or objecting other person if the relocation occurs. (j) A history of substance abuse or domestic violence as defined in s.741.28 or which meets the criteria of s. 39.806(1)(d) by either parent, including a consideration of the severity of such conduct and the failure or success of any attempts at rehabilitation. (k) Any other factor affecting the best interest of the child or as set forth in s. 61.13. (8) BURDEN OF PROOF. The parent or other person wishing to relocate has the burden of proof if an objection is filed and must then initiate a proceeding seeking court permission for relocation. The initial burden is on the parent or person wishing to relocate to prove by a preponderance of the evidence that relocation is in the best interest of the child. If that burden of proof is met, the burden shifts to the nonrelocating parent or other person to show by a preponderance of the evidence that the proposed relocation is not in the best interest of the child.

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Lawyer: Michael Bradley, Lawyer replied 5 months ago

Looking at that riddle case, it seemed that it was not just the moving but it was the burden of taking the child to and from school. Where would the children go to school under your premise?

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Customer reply replied 5 months ago
I would like them to go to a school near my husbands home, private, charter or I am willing and able to home school them. I keep them active with sports and extra curricular activities that they miss out on when they are at their dads because even living in the same town as him he will not take them to on his days.
Customer reply replied 5 months ago
the school zoned to his home is rated a D which I am not happy with, however I am more than willing to do whatever I have to to make sure they are in a good school.
Lawyer: Michael Bradley, Lawyer replied 5 months ago

It seems that you have a lot a questions with regards ***** ***** week. It may be simpler if we talked on the phone. While I know this is an additional service, it may be best for you.

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Customer reply replied 5 months ago
I just need any case law showing that a ruling was granted for a short distance move including school change such as this.
I am not working right now and I don't have the funds to hire a lawyer or even spend the $60 for the phone call. Every case he cited in his motion is completely extreme and not anything like our situation.
There must be someone else out there with an ex husband who cant let his control go and let me move on with my life.
Lawyer: Michael Bradley, Lawyer replied 5 months ago

POINTS TO ARGUE FOR RELOCATION

If you are in the midst of a relocation and custody battle, keep the following factors in mind. Judges will often base their decisions on:

  • The child’s relationships with any important people (custodial parent, noncustodial parent, siblings, relatives, etc.)
  • The impact the move may have on the child’s overall mental, physical and emotional health
  • The child’s age
  • Whether or not the child has special needs
  • How visitation arrangements can be made that would not be harmful to the child and non-relocating parent’s relationship
  • The child’s preference
  • How the relocation would advance the child and moving parent’s lives
  • The reasoning behind the move (employment, education, etc.)
  • The reasoning behind the noncustodial parent’s objections to the relocation
  • Any history of domestic abuse
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Lawyer: Michael Bradley, Lawyer replied 5 months ago

HELD FOR FATHER BUT ALSO GOOD SET OF ARGUING POINTS

Fredman v. Fredman was a relocation and custody case from Florida. A couple years after the birth of their two sons, the couple chose to get a divorce. Once the mother got remarried, she wanted to relocate her children to Ponder, Texas from Brandon, Florida. The mother’s new husband and stepson lived in Ponder. The father immediately objected. The mother argued the benefits of moving the children to Texas included a bigger house, better schooling, and the possibility of her career advancement. The father and his defense team were able to dispute her testimony by proving that the benefits the children would arguably gain by relocating to Texas were also attainable in Florida. It was recognized that relocating to Ponder would be valuable for the mother but it was not necessarily in the best interests of the children. The court ruled in favor of the father, which prevented the children from relocating, based on the following points:

  • Housing: The bigger house the children would move into in Ponder could be found at a comparable cost in Brandon.
  • Education: The school the children attended in Hillsborough County was comparable to the school they would have attended in Ponder.
  • Family: The father’s extended family lives in Brandon and the children are able to see their grandparents at least once a week. In Texas, the only family the children had was their stepfather and stepbrother. The children also had a very good relationship with their father that the court was not willing to disrupt.
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Customer reply replied 5 months ago
That does not help at all. That is the complete opposite if what I need. I already have the larger home and the points to address, what I don't have is any case law.
Lawyer: Michael Bradley, Lawyer replied 5 months ago

I have been looking. I cannot find anything where a case was appealed and an opinion was written where they applied the under 50 mile provision to someone going over 50 miles, no matter how close.
The statutes decision to pick 50 miles was clearly just a decision where they had to pick some sort of distance. I would argue that the 3 miles over 50 would not be enough that would allow it to have to have the scrutiny of a long-distance move. The reason why Ascension is cases is that they show the factors that a court uses when making the determination. They are just points of argument that you should have ready since you are saying that you are going by yourself. I would even look at MapQuest and see if there were any alternative routes that would keep it under 50. The problem that I see is going to be schooling. When you have a situation where it is 50-50 custody the children need to go to one school. They are going to argue that, do you expect the children to be driven 50 miles each way when it is his custody period. What is your plan?

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Lawyer: Michael Bradley, Lawyer replied 5 months ago

If you are looking to change it from a 50-50 custody arrangement to where you would have primary then you are going to have to give the quarter reason to do that. Remarrying and going to where your husband resides will not be enough. You are going to have to give the court more argument why they we better off living with you. That is when you harp on the factors that I've already given you.

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Customer reply replied 5 months ago
Which is basically what my plan is. I appreciate you give me that advice. I was just hoping that there would be some case law I could use. I am willing to change the parenting plan to give him summers with the children and every holiday weekend and every other weekend, but he is a cop and he will not waiver at all.
Customer reply replied 5 months ago
15. Former Husband moves to dismiss Former Wife’s Supplemental Petition forModification for failure to state a cause of action upon which relief may be granted per Rule1.420(b), Florida Rules of Civil Procedure for the reasons stated:a. In order to obtain a modification, the moving party must satisfy a two-part test byestablishing through competent, substantial evidence that (1) there has been a substantialor material change in circumstances since the initial custody decision, and (2) themodification is in the best interest of the children involved. Sanchez v. Hernandez, 45 So.3d 57, 61 (Fla. 4th DCA 2010).To meet the "substantial change" prong of this test, there must be a "factual basis sufficient toshow the conditions have become materially altered since the entry of the previous[custody] decree." Wade v. Hirschman, 903 So. 2d 928, 933 (Fla. 2005) (quoting Frazierv. Frazier, 147 So. 464, 467 (Fla. 1933)). The burden placed on the moving parent has beentermed "extraordinary," Reed v. Reed, 182 So. 3d 837, 840 (Fla. 4th DCA 2016), so as tohonor the res judicata effect of the original custody determination, and to preclude theparties to a dissolution from continually disrupting the lives of their children by initiatingrepeated custody disputes. Pedersen v. Pedersen, 752 So. 2d 89, 91 (Fla. 1st DCA2000); Zediker v. Zediker, 444 So. 2d 1034, 1036 (Fla. 1st DCA 1984).b. Former Wife alleges a substantial change in circumstances that has already beenalleged and denied by this Court.c. Notwithstanding the aforementioned case law, Former Wife, as the Petitioner,alleges a substantial change that does not rise to the level of change on which the Courtmay modify a parenting plan.d. A mother's financial instability, and frequent residence changes... are not sufficientgrounds to justify a custody modification. Burger v. Burger, 862 So. 2d 828, 829 (Fla. Dist.Ct. App. 2d Dist. 2003)WHEREFORE, the Former Husband, by and through the undersigned counsel,respectfully ***** ***** Court:A. Dismiss Former Wife’s Supplemental Petition to Relocate with MinorChildren.B. Award Former Husband such other and further relief as to this Courtdeems just and proper.
Customer reply replied 5 months ago
that is his argument
Lawyer: Michael Bradley, Lawyer replied 5 months ago

I need to step away from the computer for a couple hours. When I get back, I would like to continue the conversation if that is okay with you.

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Customer reply replied 5 months ago
but do you happen to know how I am charged? is it by each message that is sent?
Lawyer: Michael Bradley, Lawyer replied 5 months ago

no you do not pay anymore unless you want to

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Customer reply replied 5 months ago
OK, thank you.
Customer reply replied 5 months ago
I know you are away from your computer and you can answer later. I was told that since I used the fact that I got married in a previous request to relocate I couldn't use that again, is that true? I had previously requested to move to the keys (300 miles away) where I could make a lot more money working for family and be in my hometown where there was family support. The judge denied due to distance and said since "we don't get along" he didn't see how we could foster a long distance relationship for him and the kids. Since my previous lawyer filed my marriage license with that motion I was told I can't use it as grounds for this case. Is that true?
Lawyer: Michael Bradley, Lawyer replied 5 months ago

No. I would not say that you could not use the same argument. The reason why would be the previous request was completely different than this one. The first was threader miles away and the reason was to move near where family was. This time it is much closer, only 53 miles, and that is to move into the home where your spouse resides. I cannot make any guarantees, but I would think, that the court would be more willing to treat this as if it was under 50 miles. The only rub here is that it is a 50-50 custody and by moving not far away it would be impossible to keep that schedule when there is such a distance, I do not see a court granting your request to move and keep the schedule the same sense a 100 mile total trip to get those kids to school I think the court would find as too much. However, your proposal of doing him having the summer months you having the school year etc. may work. The problem is with a case like this there simply is no guarantee and only really some speculation with what the court would decide.

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Customer reply replied 5 months ago
The judge granted his motion to dismiss. Based on my motion filed my financial situation isn't enough to allow the move. He said I can re file if I have valid reasons to re locate. What is valid reasons? I don't understand!? How is this not better for my kids to live in a stable home with financial stability.
Lawyer: Michael Bradley, Lawyer replied 5 months ago

I hate to say it, but you really need to have an attorney experienced in this type of matter helping you. While they say that you do not need an attorney, for what you are looking to do which is upset a 50-50 custody arrangement to where you have primary custody, you really need to have an attorney.

If you look higher up in my thread, I did give you a list of factors or arguing points that you should hit with regards ***** ***** the move. When he comes to a case like this, presentation really means a lot.

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