submitted by Carla V. Risoldi, LLC, risoldilawoffices.com
Q. I have two children with my estranged girlfriend. She is threatening to take the children and move to Florida. What are my rights?
A. She cannot simply move away with the children. Instead, unless you agree to the move, she will have to file papers with the court to seek permission from the court to relocate with them. Also, there is a strict procedure for this that she must follow which involves her giving you prior notice of her intention to relocate. You will have a limited time to file papers with the court to state your opposition to the intended move, and if you do not do so in time, then you may have waived your right to oppose the move so it is important that you comply with these requirements. If she simply improperly moves away without following this law, you will have a certain period of time to file papers where she and the children have lived in the past six months (prior to moving) and she will have to answer them there, which means you do not have to go to Florida to file the paperwork so long as you act quickly. It is important that you consult with an experienced attorney with a case like this so that you know your rights and obligations before they are lost due to not acting in a proper or timely manner.
This is for general informational purposes only. You should always consult with an attorney before making any important legal decisions or signing any legal document.