Father moving and wants to take children

[Marjacksmom]

My ex and I divorced in June of 2009. We used a mediator to come up with our parenting/custody plan and it was approved by the court. It states that "both parties agree to not relocate with the minor children ouside of the Tampa Bay Area without the written consent of the other or an Order of the Court." My ex is in the military and will move to TX in the spring. He wants to take our children with him for the school year, thus changing their residential home, and let me have them for school breaks and the summer. I want the opposite, thus maintaining their current residence, school, friends, etc. I have no problem with him visiting at any time he can travel to Tampa or with him getting them for all school breaks and summers. He is a single male in the military and his job does include travel. I have an excellent job here in Tampa, a good home, a boyfriend with whom I live (and have been with since the divorce) who is excellent with the children and can provide stability that I don't think my ex can provide since his job requires him to move every 3 years. He has stated that he can "bury" me in court because of past fights my boyfriend and I have had (heresay). Does he have a chance at getting a court order to take my children away from their home? Should I get an attorney in anticipation of receiving a court summons? Thank you for any advice you can provide!

[Attorney Howard Iken]

He always has some sort of chance. But based on what you said - the father will have the uphill battle.

You may want an initial consult to make sure your pattern is optimal - to prepare for a later court case.

Attorney Howard Iken