Restriction on Relocation -- BEFORE I sign...

[irishrunnergirl]

I am a mother of two children, 7 and 11 and work full time in Florida in a specialized industry.

I am about to sign a modification to Final Judgment from 3 years ago, post my divorce. One of the items in the modification is a clause on restriction on relocation. My ex-husband wants me to sign that I will not move more than 18 miles away. My fiancee is active duty military and likely to be deployed in the future. Florida law states that 49 miles is distance they support for relocation.

However, if my fiancee gets deployed again (and is likely to) or I need to find gainful employment in a location beyond 49 miles, by signing the agreement as written, I am bound to an 18-mile radius.

My job is specialized and if I sign this and lose my current employment, there is no other job within the county/perhaps state that I could move to. This pays for my expenses and helps support my two children, which I am the primary custodial parent to. If my fiancee relocates, I can't move with him? Ever? Until my children reach 18 -- 11 years from now.

I have a problem signing this restrictive clause to 18 miles but want to know what is possible in the event I do need to move for the reasons mentioned - due to job security/change which provides for the children and/or husband - active duty military deployed/job change to new location.

Of course, I would be willing to make changes to the visitation schedule -and incur costs to support the change. Example - Summers spent with father in Florida, school year spent with me. Holiday schedule changes with me incurring cost of visitation/travel.

Please advise as soon as possible on options, language and thoughts. Thank you!

 

[Gail_in_Georgia]

If you sign this modification, you are legally bound to it...unless your ex-husband agrees to further stipulations in terms of moving for employment, husband being deployed, etc.

However, he is not likely to do this since what would then be the point of this modification?

There is nothing stopping you from moving in this modification. It would, however, negate you from moving your children further than 18 miles away.

Gail

 

[army judge]

If you feel the restriction to be unfair, litigate it.

The issue of anyone but yourself, is irrelevant.

It may be a concern to you, but not to the court or the other party.

An 18 or 49 mile restriction isn't much of a difference.

The restriction can be litigated, if and when, you are faced with a specific job decision; not a speculative hypothetical.

You have an excellent chance of winning it, if it involves a location change for employment purposes, but not if it's about your fiancé.

Why not add a provision that would permit it to be changed, if YOU are required to relocate for employment reasons?


Sent from my iPhone using Tapatalk

 

[Duranie]

Well you still do not necessarily have the right to relocate even if your husband is military. Dad can still ask for custody. Even if you do not sign the relocation restriction you will still have to go to court if you intend on moving further than the allowed distance. Just because you are the custodial parent does not mean you get to take the kids away from dad. i do not blame him fo trying to add this, personally more fathers should. You still have to prove that any move is in the kids best interest and not yours.