Wednesday, November 3, 2010

What are the requirements for relocating with my children after my divorce?

In Florida,the relocation must be at least 50 miles away and for more than 60 days. The measure is from the last residence when an order was issued or when the pending action was filed. There is no pre-filing requirement, Now you file and serve a petition for relocation that has everything in it required by Florida Statute 61.13001(3). Of course, you can still do it by agreement. The other parent has twenty days to respond to the petition. . The petition has to be served just like the divorce or you can send it via restricted delivery, return-receipt. If no timely answer is filed objecting to the relocation, it will be presumed to be in the child's best interest and the court can issue an order adopting the proposed revised time sharing schedule without a hearing. There are new time frames. If a motion for temporary relocation is filed, the temporary hearing has to be held in 30 days (unless there is good cause) and the final trial must be within 90 days.

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 Please note that is not intended to replace the advice of legal counsel. This information is being provided by a Florida Bar license attorney. If you need legal advice or have questions . You should contact legal counsel.

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