Advice on setting agreement after 13 years

[fabian8899]

Hello everyone...First I would like to say that this site is great & helpful...Hopefully I can get advice as to what I should do..I will keep it as short as possible...

My son is currently 13...He was born in Dade County Florida..His mom and I separated shortly after his birth ( Never Married )...After we separated, she relocated to Coral Springs which is located in Broward County (Next County Up From Dade)..After our separation, we only established child support in the Dade courts, we never did anything on the custody side...It has always been I pick him up and drop him off every other weekend and holidays we verbally agreed and alternated ...For the past 11 years, I drove over 50 miles each way Friday (50 up and 50 back down) and each way Sunday (same)..200miles a weekend..She has always said it was my responsibility "If I want to see him, I got to pick him up"........2 years ago due to circumstances of life, I moved up to Coral Springs to live closer to my son and see him more.....She doesn't mind that I pick him up and stay with him all I want pretty much, It's actually better for her as she has more free time...Here is the problems...She has been in a relationship for a while and has another child now (6 months), she now want to relocate AGAIN to Boca (West Palm) the next county up and i know it's to be closer to her boyfriends parents...She is using the excuse that it's for a better school district, but all school where we live are "A" rated, so you can see what I mean...Now I'm facing the whole thing again of being distant from my son, after I relocated to be close to him....I told her if she did that, she would need to drop off my son and she said no...I know that now I must take this to the courts...Here is what I want to do and need your advice...

I want to file a court hearing in the family courts and ask the Jugde to grant me that she must have my written permission and consent to leave the county with my son, and if she does leave without consent, custody will be given to me...I would also like to establish, that even if she stays close by, she has to share the responsibility of dropping off and picking up....


Do you guys think I have a good case and get what I request?


Thanks a lot in advance...

[jumbledone]

1. You have status quo against you: She is the primary parent, unless you can find a way to document more substantial time than EOW+1 night a week.

2. I am not in FL, but other posters have posted about long distance moves (100+ miles). It makes it extremely difficult to move when even a NCP challenges. However, it appears that the move is significantly short of that. Bone up on your statutes and case law.

3. If she moves again, SHE should be responsible for all travel, even if you did it before. You now live in the same county, and she is choosing to move away. Costs should be incurred by her for transportation.

4. So there is no official custody? Are you listed as the putative father? If not, now is the time to do it. And get into court to set up regular < parenting time >.
a. If you are the putative father, there might be recourse to just pick up your son and keep him, as you have just as much right to see him as she does, as long as you are listed as the father.
b. If you don't want to go Route a, file fast and furiously before she moves objecting to said move. I think you have an uphill battle to prevent the move, but it shouldn't impede the current time you have with your son.

[fabian8899]

Thanks Much for the reply...I am the putative father thru the court system so that's a big plus for me...Based on your reply and from what I have read, I'm going to submit to the courts and request the consent needed to move county and the drop off and pick...Thanks much again and I will update once I go thru the process...