Child Relocation Issues

[Pray4Me]

First, I am a remarried mother of one child who is 5 years old. My son's father and I divorced 5 years ago and he was granted supervised visits due to an order for protection while I was granted primary residence. The dissolution didn't state any relocation guidelines so about a year and 4 months ago I relocated my son and I to Texas with my fiance who is now my husband. Before I relocated, I sent a notice of intent to my son's father and also to the local courthouse. I lived in Texas for 9 months before the first judge told me he wasn't going to make me move back to Florida just because my ex wanted me to. Then my case went to another judge somehow and she ordered mine and my son's return to Florida. I have been here in Florida without my husband for the past 7 months, first living with my mother who kicked me out after 3 weeks, then I lived with my father who was domestically violent with me so I now have an open court case with him. Now I'm back at my mother's and she is kicking me out again which will leave my son and I with nowhere to go but back to Texas.
The judge that ordered us back to Florida, gave my ex-husband liberal visitation with my son after he's had supervised visits for the past 5 years.

My question is, what can I do if I'm forced out of my mother's house and I can only go back to Texas? I do not want to have to leave my son with his father because he is abusive and I don't want to risk losing custody if I end up having to leave him. Can someone please help me by letting me know what my choices are?

 

[Duranie]

You cannot just move the child out of state. You need to an attorney in florida to see if you can relocate back to TX. Be prepared though to be more than fair with Dad and see if he will agree to let you move with the child. In the meantime you need to find some employment and a roof over your head. If you go back to Texas you may lose custody. You desperately need an attorney.

 

[Pray4Me]

I'm not trying to be rude, but that wasn't exactly the answer I was looking for. First of all, I already have an attorney that has been trying to serve my ex-husband with a Verified Petition to Relocate Minor Child. Second, I am probably more aware of the consequences than anyone else of relocating a minor child before gaining permission from the courts. Last, I am going to be starting school within the next few weeks, therefore will be unable to hold a job due to an already very busy schedule. Plus my husband works and supports my son and I while we are here but we are unable to afford 2 rent payments every month. My question was what would the judge most likely do IF I had to move back to Texas and leave my son with his father until my hearing for the relocation? The only reason I would have to leave him here is because if my mother kicks me out, I will not have anywhere to go except back home because if I stayed here, my son and I would be homeless therefore forcing the courts to take custody from me anyway. I cannot let that happen.

 

[Duranie]

The judge then may order you to leave the child with the father,which I have no idea why you would do that if he is abusive. You may not have many choices here. If you leave the child with Dad that may kill your chances of custody and moving with the child. Nobody can predict what a judge will say. So are you totally, completely dependant on your husband to take care of you? Keep in mind if your ex wins custody then you may be paying him child support.