I Want To Move Out Of Florida With My Kids

[imthemom!]

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

I was divorced almost 2 yrs ago and my ex-husband was court ordered to pay child support (he never objected) and we agreed on visitation. I never thought he would abandon his kids, but that's what he's done. Shortly after the divorce, he began drinking heavy and wouldn't work...so therefore, I haven't had child support in 23 months and my kids haven't seen their dad, except by accident at the grocery store once. I have no address for him, I have no idea where he lives and no way to get ahold of him. Child support enforcement cant find him either. So here's my problem...I want to move out of Florida with my kids but I don't know if I'm legally allowed to. The final divorce papers say nothing about me leaving the state, but it does, of course, mention child support and visitation. But since he hasn't complied with the court ordered support or visitation, should I really even worry about it? Please help!!! Thanks!

[525601minutes]

Yes - you need to worry about it because he has the right to legally object. He is wrong for not paying CS on time, but that does not make it okay for you also to be wrong by moving them without consent.

The best way to proceed is to file three items with the court. 1. ask that the current order for CS be enforced 2. ask that the amount be modified based on the father seeing the children 0% and 3. ask the Court's permission to move to Florida.

You can file the paperwork pro se in order not to spend money on a lawyer. You can serve him through publication since you don't know where he is. If he does not see the published notice and does not respond to your motions or show up in court then the judge will most LIKELY award you arrears on the CS, increase the amount of CS he should pay from the date of the hearing and clear you to move out of state.

[Xena]

Yes - you need to worry about it because he has the right to legally object. He is wrong for not paying CS on time, but that does not make it okay for you also to be wrong by moving them without consent.

The best way to proceed is to file three items with the court. 1. ask that the current order for CS be enforced 2. ask that the amount be modified based on the father seeing the children 0% and 3. ask the Court's permission to move to Florida.

You can file the paperwork pro se in order not to spend money on a lawyer. You can serve him through publication since you don't know where he is. If he does not see the published notice and does not respond to your motions or show up in court then the judge will most LIKELY award you arrears on the CS, increase the amount of CS he should pay from the date of the hearing and clear you to move out of state.

In addition to this excellant advice, you can read up on the laws regarding parental moves in chapter 61 of the FL statutes: www.flsenate.gov/STATUTES

You can find the forms you need at www.flcourts.org