Relocation questions

[Hanna05]

I relocated to Florida from another state where my divorce was final and the joint parenting agreement was signed in 2007. Last year, my ex agreed to move to Florida in March of 09 when I asked him if he would consider it. For four months, he said he was moving, so I rented out my house and got the truck loaded in August 2009 which is when I arrived in Florida. (The day I moved, he informed me he wasn't moving, that he was still planning to but didn't find a job yet.) I got my drivers license here in Florida in August, my daughter got her permit at the same time. He has been flying here, has an apartment rented and has visitation every 3rd week (he stays for 7-10 days at a time). NOW, 9 months later, he tells me he is going back to court to try and make me move back with the kids and to get custody, that I never had permission to move. Although I never had him sign anything, he told his family and numerous people that he was moving. (There are multiple children) If he tries to take me to court, will this fall in the state of Florida's jurisdiction or in the original state since I have already been here with the kids for 9 months? And if he files a petition in the original state will they honor it and will I have to go back to court there? He still lives there most of the time...

[Attorney Howard Iken]

It appears that jurisdiction will remain in your original state. Also, it sounds like you have good facts supporting an "implied" agreement to move. But this situation is governed under the law of another state. You should consult an attorney licensed in that state because I am only qualified to comment on Florida law.


Attorney Howard Iken
The Divorce Center
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Tampa, FL 33606
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