How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask ScottyMacEsq Your Own Question
ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 17110
Experience:  Licensed Texas General Practice Attorney
19487448
Type Your Legal Question Here...
ScottyMacEsq is online now
A new question is answered every 9 seconds

I live in Bradenton florida, my ex-wife wants to evacuate

Customer Question

I live in Bradenton florida, my ex-wife wants to evacuate with my 15yr daughter. Based on the way the hurricane is tracking and that I live in a non flood zone area in a house and it is my weekend for visitation do I have any rights in not allowing her to leave.We have joint custody but my ex has primary residency.
JA: Have you talked to a lawyer yet?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 1 month ago.
Category: Legal
Expert:  ScottyMacEsq replied 1 month ago.

Thank you for using JustAnswer.

One moment please...

Expert:  ScottyMacEsq replied 1 month ago.

I'm sorry to hear about your situation. Yes, you do have some rights. That is, it's your decision unless your ex can prove that there's a significant likelihood of harm (to overrule your decision). Now if an evacuation is ordered, then it would be reasonable for her to assume that there's a threat of harm. But if no evacuation has been ordered, and based upon the actual situation of your house (brick vs siding, high vs low, etc...) then that would most likely be up to you and she couldn't override that.

Now as a practical matter, if she were to hold your daughter back for the duration of the storm, it would be up to a judge to determine what, if anything, would be the penalty. It might be that the judge finds that there was no good cause to withhold the child, BUT in light of the circumstances that it would still be forgiven. That's an entirely plausible outcome for a contempt action arising from this. Or the judge can really throw the book at your ex, if it's objectively unreasonable to withhold your parenting time. But the more likely scenario is that the judge would say that it was reasonable under the circumstances, and impose little, if any, penalties on your ex.

Now you can still threaten your ex if she does this, but such a threat would be (as is explained above) mostly a bluff. The time and resources to file a contempt action would take months and money, and unless it can be objectively proven that she was acting so unreasonably as to punish her, the judge wouldn't do so.

I know this is probably not what you wanted to hear, but it is the law. I hope that clears things up anyway. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

Thank you, ***** ***** luck to you!

Expert:  ScottyMacEsq replied 1 month ago.

Did you have any other questions before you rate this answer?

Expert:  ScottyMacEsq replied 1 month ago.

Are you there? Please note that I am still here, awaiting your response or rating... (please note that rating closes this question out, so if there's nothing else, please rate it so that I can assist other customers that are waiting for answers to their questions).

If you can't see the stars, you may need to scroll up / down / left / or right to see them. This is where you rate so that the question will close out.

Expert:  ScottyMacEsq replied 1 month ago.

Should I continue to await your response, or may I assist the other customers that are waiting?

Expert:  ScottyMacEsq replied 1 month ago.

My apologies, but I must assist the other customers that are waiting. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.