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  1. #1
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    Feb 2009
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    Default Mother Moved to Live with Me from California to Florida

    I rented a 3 bedroom newer home in Florida because my parents live here and for mother and son to live with me. They were evicted from their home in California and were staying in a cramped apartment with two other men. Mother has full custody, legal and physical. She and our son moved in with me 2 weeks ago here in Florida, I paid all expenses. She also signed a lease with the home owner and I.

    Mother and I have had some fights. She threatens to go back to California, or move out and take our son with her now. But then the next day she's better and changes her mind. I need some advice here because I am not sure what my options are if she does leave.

  2. #2
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    Default Re: Mother Moved to Live with Me from California to Florida

    If you wish to modify the current custody order, bring a motion for modification in the court that issued the order.

  3. #3
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    Default Re: Mother Moved to Live with Me from California to Florida

    Quote Quoting Mr. Knowitall
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    If you wish to modify the current custody order, bring a motion for modification in the court that issued the order.
    Are you saying that I need to modify the order to prevent mother from taking our son out of state?

  4. #4
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    Florida
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    Default Re: Mother Moved to Live with Me from California to Florida

    Quote Quoting stewy
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    Are you saying that I need to modify the order to prevent mother from taking our son out of state?
    Yes.........

  5. #5
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    Default Re: Mother Moved to Live with Me from California to Florida

    Quote Quoting Xena
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    Yes.........
    Well can i do that mod here in florida? and where do i go? i don't understand how she can take him away now that he lives with me. doesn't sound like best interest for child. please be more clear.

  6. #6
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    Default Re: Mother Moved to Live with Me from California to Florida

    Quote Quoting stewy
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    Well can i do that mod here in florida? and where do i go? i don't understand how she can take him away now that he lives with me. doesn't sound like best interest for child. please be more clear.
    It depends. Since your ex hasn't been in FL long enough to establish legal residency, how long have you been in FL?

    If she does move back, or if you have not been in FL for at least 6 months, you will have to file in CA.

    The best thing to do will be for you to get a quick consult. You can get a low cost consult by calling the Florida Bar Lawyer Refferal Service at 1-800-342-8011.

  7. #7
    Join Date
    Feb 2009
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    Default Re: Mother Moved to Live with Me from California to Florida

    Quote Quoting Xena
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    It depends. Since your ex hasn't been in FL long enough to establish legal residency, how long have you been in FL?

    If she does move back, or if you have not been in FL for at least 6 months, you will have to file in CA.

    The best thing to do will be for you to get a quick consult. You can get a low cost consult by calling the Florida Bar Lawyer Refferal Service at 1-800-342-8011.
    Thanks for the number. I will try and do that. I have been here since August of 2008, about a year. Yeah she just moved here with our son, but she signed a 1 year lease 2 months ago also. And now she lives here. I want to file a modification. Or some kind of transfer I guess. Anyway, anymore advice would be helpful. Thanks.

  8. #8
    Join Date
    Jan 2009
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    Default Re: Mother Moved to Live with Me from California to Florida

    change of venue. if she signed a 1 year lease it would be easier to prove that she's been there awhile.

  9. #9
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    Default Re: Mother Moved to Live with Me from California to Florida

    The lease could help show abandonment of her domicile in her former state, for purposes of arguing that litigation should occur where the child now resides. For UCCJEA issues it makes sense to at least consult a family lawyer.

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