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About Dan Bachert
Expertise
I can respond to questions pertaining to Florida Family Law within the specific areas of Divorce, Child Custody, Child Timesharing, Alimony and Child Support Enforcement/Modification, Equitable distribution, and Inter Family Adoptions.
Experience
Actively practicing Family law in the Palm Beach, Martin and St. Lucie Counties for the past eleven years.
Organizations
Florida Bar, Family Law Section of Florida Bar, Palm Beach County Bar Association, BNI
Education/Credentials
Bachelor of Science in Political Science from Florida Atlantic University; Juris Doctorate from St. Thomas School of Law
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You are here: Experts > Parenting/Family > Step-Parenting > Family Law (Divorce, Family Relations) > modification of custody
Expert: Dan Bachert - 10/26/2009
Question
My husband has shared custody of his 12yr old son. A few years ago his ex-wife moved to another county (which we didn't know at the time we could contest)and this has limited visitation to only every other weekend, alternating holidays and summers. Prior to her move, my husband picked up his son every day from school and was able to spend quality time with him. Our problem is that now his son has a desire to make a change in his primary residence which his mother is against, stating "she's not ready to let him go". What would be the process for filing a petition on the child's behalf to change his custodial residence?
Any assistance would be great.
Thank you in advance.
Answer
Hi Kim, the process would be a Petition for Modification of Final Judgment. That Petition must state a substantial change of circumstances that has occurred, here the mother's relocation without notice or court approval, and that it would be in the best interest of the child that the request change, the change in residence, be granted. Then you will need to prove to the court what you have alleged in the Petition.
I hope this information was helpful to you, if it was, please do me the courtesy of rating it. Please be aware and advised that this public forum is designed to provide only general information, to give you a basis of legal knowledge. This public forum does not give you attorney-client privilege. You and I have not entered into an attorney-client relationship. I am not responsible for your legal rights and this answer is based solely on the information you have provided in your question and as always, I would advise that you arrange for an in person consultation with an attorney from my firm or another Family Law attorney familiar with Florida Family Law who can analyze the specific facts and circumstances of your case more closely to better advise you.
Sincerely,
Daniel Bachert, Esq.
The Bachert Law Firm, P.A.
330 Clematis Street, Suite 222
West Palm Beach, Florida 33401
(561) 653-3951
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