Wednesday, April 23, 2014

My ex and I have an amended court order from when we lived about 300 miles apart. I moved to be near my son and have been living near him ov...

Question

My ex and I have an amended court order from when we lived about 300 miles apart. I moved to be near my son and have been living near him over 2 years. We never changed the court order and my ex and I worked together. However, she is now denying me any extra time, any holidays, and any other time besides the first and third weekend of every month. I am going to file to change the parenting plan, and I am simply asking that I be able to have what Florida law recommends (Every other weekend, shared holidays, one afternoon a week, and time during the summer). However, our original order is in Georgia. We have all been living in Florida for over 2 years and child support is automatically taken from my paycheck through Florida. Does Florida have jurisdiction, or do I have to file all the paperwork to have it transferred to Florida? What are my chances of being granted the time I am seeking based on the recommended parenting guidelines? I am hoping to get this done as soon as possible so I can start having more time with my son.



Answer

If the child has lived in Florida over 181 days you file a Petition to Domesticate the Georgia decree, include what you are asking the Florida Judge to do.



Answer

You have to transfer the judgment here in FL then petition the court to modify the Order. Your chances are good. Use of a lawyer is recommended.



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