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State Specific Community Forums >> Florida Issues

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stephend
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Reged: 06/04/09
Posts: 2
Petition for relocation & judge soud -- Duval coun
      #542193 - 06/04/09 09:54 PM


My ex wife has file a petition for relocation of my children from Jacksonville to NOrth Carolina. I have twins that are 12 and another that is 11.

I have hired an attorney to handle this for me, but still I am doing research to ensure there is nothing that is missed.

I have a few questions that I am trying to find the answers to.

1. Can the children be heard by the court at such a young age?
2. Do the courts consider that the "new" man in her life is not even divorced yet?
3. Do the courts consider that he is also going through a custody battle?

She is moving for the following reasons.

1. She says that she will not have to work because he makes 4x the amount of money she makes. However, I have proof that he does not.
2. He was in the midst of building a 5000 sq ft house, however it is not complete and is also in litigation due to his pending divorce.
3. She claims that the crime rate in North Carolina is much lower than in Jacksonville.

There are a few other things, but the petition looks more like a benefit for her, not the children. I believe that she is banking on the courts hearing the children and of course the children want to because her current living situation is with her mother and step father. She is 33 and I am sure this is weighing heavy on her mind.

A hearing before Judge Soud will be scheduled within the next 20 or so days, so I am praying that I have nothing to worry about.

If anyone has anything that can help me, I would love to hear from you. Also, if you have any knowledge of Judge Sound, not AC Soud, this would be his son, I would greatly appreciate that as well.

Thanks,

Very concerned and loving father.


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googledad
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Re: Petition for relocation & judge soud -- Duval coun [Re: stephend]
      #543159 - 06/07/09 10:36 PM

1. Can the children be heard by the court at such a young age?

>>>>>>>>> Maybe , the children MAY be interviewed in chambers , more likely their wishes will be communicated to a GAL , custody evaluator , etc .


2. Do the courts consider that the "new" man in her life is not even divorced yet?

>>>>>>> Yes . The courts WILL examine the reasons for relocation .


3. Do the courts consider that he is also going through a custody battle?

>>>>>>>>> Maybe . Wouldn't hurt to subpoena his STBX .

--------------------
Adversus solem ne loquitor


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stephend
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Reged: 06/04/09
Posts: 2
Re: Petition for relocation & judge soud -- Duval coun [Re: googledad]
      #544551 - 06/10/09 01:27 PM

I have a deposition scheduled now on the 13th of July and the hearing is the 27th.

I am not sure what you mean by STBX. Could you define?

I am not sure what the deposition is about, but oh well. I am being told that these are the things that the judge is to make a determination on.

(7) NO PRESUMPTION; FACTORS TO DETERMINE CONTESTED RELOCATION.--No presumption shall arise in favor of or against a request to relocate with the child when a primary residential parent seeks to move the child and the move will materially affect the current schedule of contact, access, and time-sharing with the nonrelocating parent or other person. In reaching its decision regarding a proposed temporary or permanent relocation, the court shall evaluate all of the following factors:
(a) The nature, quality, extent of involvement, and duration of the child's relationship with the parent proposing to relocate with the child and with the nonrelocating parent, other persons, siblings, half-siblings, and other significant persons in the child's life.
(b) The age and developmental stage of the child, the needs of the child, and the likely impact the relocation will have on the child's physical, educational, and emotional development, taking into consideration any special needs of the child.
(c) The feasibility of preserving the relationship between the nonrelocating parent or other person and the child through substitute arrangements that take into consideration the logistics of contact, access, visitation, and time-sharing, as well as the financial circumstances of the parties; whether those factors are sufficient to foster a continuing meaningful relationship between the child and the nonrelocating parent or other person; and the likelihood of compliance with the substitute arrangements by the relocating parent once he or she is out of the jurisdiction of the court.
(d) The child's preference, taking into consideration the age and maturity of the child.
(e) Whether the relocation will enhance the general quality of life for both the parent seeking the relocation and the child, including, but not limited to, financial or emotional benefits or educational opportunities.
(f) The reasons of each parent or other person for seeking or opposing the relocation.
(g) The current employment and economic circumstances of each parent or other person and whether or not the proposed relocation is necessary to improve the economic circumstances of the parent or other person seeking relocation of the child.
(h) That the relocation is sought in good faith and the extent to which the objecting parent has fulfilled his or her financial obligations to the parent or other person seeking relocation, including child support, spousal support, and marital property and marital debt obligations.
(i) The career and other opportunities available to the objecting parent or objecting other person if the relocation occurs.
(j) A history of substance abuse or domestic violence as defined in s. 741.28 or which meets the criteria of s. 39.806(1)(d) by either parent, including a consideration of the severity of such conduct and the failure or success of any attempts at rehabilitation.
(k) Any other factor affecting the best interest of the child or as set forth in s. 61.13.

None of these benefit her from my view. But my view and the courts view obviously might be different.

As for the kids testifying, I do believe that she will try to get them in there to do so, but the kids are with her the majority of the time so they are coached and obviously have to live with her. My son has already told him that he would ruin her life if he says he wants to stay. So much for being her choice!!!

Thanks for your assistance!


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junebug
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Re: Petition for relocation & judge soud -- Duval [Re: stephend]
      #546734 - 06/18/09 08:15 PM

stbx means "soon to be ex"

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Robin1
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Reged: 08/15/09
Posts: 2
Re: Petition for relocation & judge soud -- Duval coun [Re: stephend]
      #593952 - 10/31/09 03:13 AM

A child custody decision is not truly "final" until the child reaches majority, and because the child's best interests are the court's primary concern, changed circumstances can be the basis for a petition to modify any aspect of a custody decision.

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