Ex Claims I've Given Up My Rights To Visitation Since Leaving the State

[Kim Mansfield]

My divorce was finalized in 2005 and I was named primary residential parent for our son at that time. Our custody agreement stated that it was the financial responsibility of both parents to get our son to and from each other for visitation. In January of 2010, he went to live with his dad for a trial period, but we never changed any paperwork. In June of 2010, my husband lost his job and he and I decided to move to California to be closer to family that could help out with our 4 yr old and the baby that would be born in August while we got back on our feet. My ex is now telling me that he will not help share the financial burden of plane fares since I left the state and that the sharing was only while we were within driving distance of each other. He is also planning on claiming our son again this year on his taxes when our agreement has this as my year. What are my options? Is he right that I gave up all rights when I followed my husband and family out of the state? I never would have allowed my son to go live with him in the first place if it was going to be perceived as abandonment.

[Attorney Cheri Hobbs]

Whenever the "primary residential parent" wants to relocate more than 50 miles from where they were living at the time of the divorce they must follow the Relocation Statute and if the other parent objects then they must provide Notice and schedule a hearing...because you never modified the paperwork when your son went to live with dad you are still bound by that statute.

You did not give up your right to see your son but you will more than likely have to cover all or most of the transportation cost due to your decision to relocate. The law in Florida is not what is best for the parent or for the step-parent but what is in the best interest of the child.

You should speak with an attorney right away.