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Joined: Jun 2003
Posts: 101
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Joined: Jun 2003
Posts: 101 |
MY XWW is now moving to Vegas to be with OM, says she misses him. He moved there about two years ago and has been in contact with her regularly via phone and email. We have shared custody of children, me as primary custodian in Florida. When she moves, does this still mean that she still can have the kids as per our divorce agreement (eg. every other holiday, summers etc)?
Today's third party may be tomorrow's spouse who is unhappy in their marriage.
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Joined: Jun 2002
Posts: 1,717
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Joined: Jun 2002
Posts: 1,717 |
Read your divorce settlement. She will have to re-negotiate a parenting schedule with you. Back to the attorneys.
ba109
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Joined: Jun 2001
Posts: 3,912
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Joined: Jun 2001
Posts: 3,912 |
AAA,
In our state, if either parent (actually I'm not sure it this applies only to the "primary constodial parent or to both") wants to propose a move "more than 100 miles from the county where they both live", they have to give notice to the other parent at least 45 days in advance of the move. The other parent then has 30 days to protest the move. If it is protested, then it goes to court and the judge decides to approve or disapprove the move, and makes whatever adjustments to custody and visitation schedule. If a protest is not filed within 30 days of notice, the move cannot be blocked.
Find out what the rules are in FL!
You may need to file a protest. You can always withdraw the protest if you don't want to go through the court procedings, but if there is a time limit, filing the protest protects your rights.
-AD
A guy, 50. Divorced in 2005.
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Joined: Mar 2001
Posts: 675
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Joined: Mar 2001
Posts: 675 |
A couple of counties in Florida - I believe Pinellis(sp?) is one, propose long distance visitation plans which are posted on internet sites for those counties. Anything over 180 miles would have a suggested schedule and I think that in the interest of $$ such a distance as your ex proposes should only include summer and winter break. I think that if she wants more she should be solely responsible for transportation costs unless it costs the same as your current agreement.
If your exact wording on your divorce decree gives her location, then you would certainly have to change that. If you and your ex get along, though, and she doesn't protest your suggestion, then suggest to her a plan and the two of you follow it. If she fights you about everything, then suggest a plan, have a lawyer write up a new document, both of you sign it and file it for a judge to sign. Otherwise it is back to court.
Wait until she does move and file a proposed change in parenting plan due to change of circumstance.
Sunny
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