Mother'r right to move out of state with children?

Question

my ex wife wants to take my children out of state to move. They are my life, I don't know what I will do without them in my life. Its hard enough not seeing them everyday, now not seeing them for months.

We have joint custody.. Can she do this to me?

I haven't talk to an attorney yet.. I'm so broke right now.

Florida is the state...

does anyone know of free legal advice in Florida for me? I don't want to live with my children in another state...

Please help...

Answer 1

In 1993, the Florida Supreme Court expressed a general policy favoring relocation by the custodial parent. In Mize v. Mize, 621 So. 2d 417 (Fla. 1993), the mother, who had primary physical custody, sought permission to move to California with the parties' daughter. The father opposed the motion. Acknowledging that relocation cases do not lend themselves to bright-line rules, the supreme court adopted a general policy favoring relocation so long as the custodian has a well- intentioned reason and is not motivated by a vindictive desire to interfere with the other parent's custodial rights. The court then set forth six factors for consideration in each case:

Whether the move would be likely to improve the general quality of life for both the primary physical custodian and the children.
Whether the motive for seeking the move is for the express purpose of defeating visitation.
Whether the custodial parent, once out of the jurisdiction, will be likely to comply with any substitute visitation arrangements.
Whether the substitute visitation wil be adequate to foster a continuing meaningful relationship between the children and the noncustodial parent.
Whether the cost of transportation is financially affordable by one or both of the parents.
Whether the move is in the best interests of the child. (This sixth requirement we believe is a generalized summary of the previous five).
Id. at 420 (adopting the holding in Hill v. Hill, 548 So. 2d 705, 706 (Fla. Dist. Ct. App. 1989), review denied, 560 So. 2d 233 (Fla. 1990)).

Mize was recently clarified by the Florida Supreme Court in Russenberger v. Russenberger, 669 So. 2d 1055 (Fla. 1996), another case in which a mother with primary physical custody sought to move out of state. The court held that upon a demonstration of good faith by the parent seeking to relocate, a presumption arises that relocation should be permitted. The presumption is rebuttable, however, and in considering whether the presumption is rebutted, the court must weigh the factors set forth in Mize.

From only the facts in your post, I would strongly suggest you consult with a local family law attorney. Florida does not follow the majority of states in which the parent with residential custody and who wishes to relocate the children must provide the court with proof that the relocation is in the best interest of the child.

In opposition to this principle, Florida gives the custodial parent the Rebuttable assumption that such a relocation is in the best interest of the child and requires of the non-custodial parent proof that such is not.

Answer 2

Look at your copy of your custody agreement. Most all people that share custody have a stipulation on it that if the custodial parent plans on moving out of state that they have to notify the court and you. Your best bet, if you cannot afford a lawyer is go down to the courthouse and explain the situation to one of the clerks and ask them what paper would you need to file to get her in court in front of the judge to settle this matter. It is possible to do all of this without a lawyer if you have to. If you get in front of the judge and he feels that this isn't a battle you should enter into without an attorney, and if he knows you cannot afforda a lawyer, he may find you some low cost/free legal help. Or one of the court clerks may be aware of some free/low cost help. Good Luck

Answer 3

Joint custody means you both have the same rights.I live in Florida what I would suggest is petitioning the court.you are not going to be able to stop her move,but they can make it where she would have to meet you half way to drop the children with you for your visitation. maybe you should try calling child support enforcement maybe they could give you some advice.I don't know what the conditions of your divorce are but I have a few friends that are divorced and live a few hundred miles away from the ex and the kids and over the summer he gets the kids 6 weeks.and every other weekend,I understand that it is not enough,and it is a shame because it really is the kids who suffer.

Answer 4

in my opinion if you truly have joint custody then if she takes the children out of state she will be (maybe) responcible for making sure that they are brought to you for your regular visits etc at her own expence. you didnt agree that she take the kids out of state so she should be held responcible for the expence of bringing them to you. call an attorney and just inquire about it / most attorneys do not charge for the first call. then you will know where you stand and if you have to fight it then some attorneys do a monthly payment plan if you ask the right one.
if i were you i wouldnt live in flordia anyway. its much too expensive. if you have no ties there move where she is moving and see if you can do better there living wise.
i lived in fla for 13 yrs my self.
its a nice place to visit but i would never live there again.
if i can help anymore please email me . i will be glad to help.
cheers
josie

Answer 5

Joint custody means she's probably going to have to have the court approve the move. Go back to them and file a complaint.

Answer 6

I know exactly what you are going through. I believe that she must have a very good reason,such as a better job or a job transfer. I don't think the courts will allow that, if she is moving for a sensless reason,like the weather is better or something like that. Good luck to you and your children.

Answer 7

You need an attorney unless you want to spend your life without your kids or be prepared to move where they are. You will find the money if this is important to you.

Answer 8

if you didnt get it written into the divorce agtreement you're going to have to go back to court. you batter act fast cuz once she moves it will involve the courts of both states... go see a lawyer fast... most lawyers will give you 15 minutes for a free "advice" appointment. talk fast cuz the 15 minutes includes your talking time and his.

Answer 9

you need to consult a lawyer. and also look at your court agreement concerning your joint custody and details of spouse moving out of state. look here for a probono lawyer in your state. http://www.abanet.org/legalservices/probono/home.html

Answer 10

You need to talk to your attorney. Borrow the money if you have to.