Anonymous asked in Family & RelationshipsMarriage & Divorce · 9 years ago

Florida Custody laws, what happens when someone gives up custodial rights?

My ex wife has primary residency and I pay child support to my ex-wife. our paperwork from divorce does not allow her to move out of state.

She is moving out of state, but not with our daughter. She is leaving her with me........I had a letter I wrote signed by both of us and notarized. What should I do next? Can I file just this for my modification? What would be my next steps?


Contacted a lawyer this morning and will meet with him today. so she signed this document on Monday, She is leaving the state (and our daughter with me) on Friday the 18th. If all I have on me if this notarized document where will I stand until that docs are filed? will she have to come back to FL?

4 Answers

  • Favorite Answer

    That has no power in the court until registered with the court. Properly, you should see a mediator to put together the new agreement, along with the change in child support, which you would then file with the Clerk of the Court pro se. They will register the agreement and set a court date at which time both of you appear and swear to the contents of the agreement.

    Without a judge signing off on this, you can still be obligated to pay child support and she could return and take the children.

    Will she be paying you support, and what agreement will be in place as regards her access rights?

    For 22 years, I have volunteered my time working with divorced/single fathers dealing in family law issues, such as child support, teaching them about what the states are not telling support obligors.


  • 9 years ago

    She will need to sign off on the custody modification. I'm glad she's leaving your girl with you...I think it's unfair when mom's move and the dad is stuck living with that distance. Good for both of you for making this work for your daughter!

    Add: The document will help in getting the change done but your ex will still have legal papers to sign to make it official. They may be able to overnight the legal documents to her - she would need to sign them in front of a notary where she moves and then send them back. I don't believe she needs to appear in court as you are both in agreement with this change.

  • 9 years ago

    WARNING, you will owe child support until the day that order is modified giving you better handle this soon or it will be a nightmare...I have seen it happen "But you can't suspend my drivers license, I HAVE THE KID!!!!"...."what do you mean you are putting me in jail for non-payment of child support, I HAVE THE KID!" "You can't just be gone for 2 months and come back and take her.....oh yes i can I HAVE CUSTODY!"

    It is a blippen nightmare man, get it changed officially!

  • Maxi
    Lv 7
    9 years ago

    You need to get custody formalised in your favour and then apply for child support from her as she will be the one who then needs to pay it.................................

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