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  1. #1

    Default Relocating the Children Based on Final Judgment After a Motion for Stay is Filed

    My question involves a child custody case from the State of: Florida

    My wife and I recently received the final judgment in a child custody case in the state of Florida between herself and her ex regarding amendment of a custody agreement already in place. The ruling was in our favor. It is now under appeal, and a motion to stay execution of final judgment pending appeal has been entered ( we received the letter yesterday.) I have two questions regarding this. First, does the entering of this motion automatically stay the final judgment?

    Secondly, I am in the military. My wife and I as well as our 18 month old reside in Louisiana, 900 miles from the county in which the original agreement was made. She moved last week, I have been here just over a year. According to the final judgment, she would be able to move July first and we are supposed to pick up our son in Florida 9 days from now (April 3rd 2014.) if this motion does stay the final judgment, and we return to the status quo, which according to the original agreement was alternating weeks with each parent with responsibility of picking up the child resting with the receiving parent, as well as the requirement for permission given by the other parent to leave the county. Two weeks before we received the notice of motion to stay the father gave us permission to pick our son up on the 27th of this month, 3 days from today. Could my wife be legally culpable for anything if we do pick him up? Could that be detrimental to our standing in the appeal? Also as per the original agreement the father would be legally responsible for picking him up the following week, would that, if he is unable to do so exhibit “undue hardship” and ultimately be beneficial for his appeal?

    Background: Original custody agreement was entered into in 2004. The agreement was week on week off and alternating holidays, it had been that way for 9 years. My step son is 10. His mother and I have been together for 6 years, married for 2. I am and have always been very involved with my stepson. I have been active duty Air Force for just over a year. Once I received orders my wife entered a petition to relocate. It was granted and a new agreement was put into effect. He was to spend school year with us, summer with him, alternating holidays. I have maintained a home here in Louisiana for them to come to. The father and I make near the same amount of money. However he does not have a home of his own, he lives with his parents. The schools he would attend here are better than in the county he lived in and the crime rate is lower. Most of the family on his mother’s side has moved to be closer to us, so he would not be removed from an extended family unit to be here with us.

  2. #2
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    Default Re: Motion to Stay Final Judgment. Can I Still Move My Child

    Quote Quoting kevin.rios.2
    View Post
    My question involves a child custody case from the State of: Florida

    My wife and I recently received the final judgment in a child custody case in the state of Florida between herself and her ex regarding amendment of a custody agreement already in place. The ruling was in our favor. It is now under appeal, and a motion to stay execution of final judgment pending appeal has been entered ( we received the letter yesterday.) I have two questions regarding this. First, does the entering of this motion automatically stay the final judgment?

    Secondly, I am in the military. My wife and I as well as our 18 month old reside in Louisiana, 1800 miles from the county in which the original agreement was made. She moved last week, I have been here just over a year. According to the final judgment, she would be able to move July first and we are supposed to pick up our son in Florida 9 days from now (April 3rd 2014.) if this motion does stay the final judgment, and we return to the status quo, which according to the original agreement was alternating weeks with each parent with responsibility of picking up the child resting with the receiving parent, as well as the requirement for permission given by the other parent to leave the county. Two weeks before we received the notice of motion to stay the father gave us permission to pick our son up on the 27th of this month, 3 days from today. Could my wife be legally culpable for anything if we do pick him up? Could that be detrimental to our standing in the appeal? Also as per the original agreement the father would be legally responsible for picking him up the following week, would that, if he is unable to do so exhibit “undue hardship” and ultimately be beneficial for his appeal?
    Without knowing the details of the case it would be difficult to answer questions.

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