Notice of Intent to Relocate

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Latest post 11-16-2009 7:34 PM by Drew. 10 replies.
  • 03-02-2008 12:02 PM

    Question [=?] Notice of Intent to Relocate

    I've been divorced for over a year now. My ex and I settled in mediation and agreed to equal shared custody of our nine year old daughter. We have set days of visitation through out the week and rotate each weekend. I have remained in the marital home, the ex has lived in four different locations in the past year. I pay CS to the ex, and she is responsible for 40% of child care needs. The ex has been unemployed for the last two months, and lost 2 other jobs within the last year.

    Last week I received a Notice of Intent to Relocate from the ex. Along with the Notice, she sent a hand written letter stating she will be moving from FL to GA and taking our child. She boldly stated, "I could keep her in the summer and pay for travel expenses". The letter stated I had 30 days to respond.

    I'm fine with her leaving, just not with our child.

    1. What is my first step, she has not used an attorney?
    2. Has anyone had a similar situation?
    3. If she leaves, do I need to attempt to have our final agreement amended?

  • 03-03-2008 12:05 AM In reply to

    Feedback [*=*] re: Notice of Intent to Relocate

    File an objection to her relocation.

    They will bring it in front of a judge and she most likely will not be able to move with the kids.

    It is only when no objection is filed that she can be granted the move.

    I filed a relocation and won in my case because the other parent never responded I was told that had he responsed I would have never been able to move. He has since stopped all contact with his daughter.

    A little side note I did my own case Pro Se without an attorney I just read the state statue and filed my motions.

    Good luck with your case.

    But above all File and OBJECTION ASAP!
  • 03-03-2008 10:12 AM In reply to

    Feedback [*=*] re: Notice of Intent to Relocate

    You are going to have to file a motion to object to the move, or file for custody. Why is mom moving? she is going to have to prove the move is in the childs best interest.

    You have a chance to stop her but need to file in court ASAP. An attorny should be able to help or go down to the courts yourself.
  • 03-03-2008 11:11 AM In reply to

    re: Notice of Intent to Relocate

    She does not need to use an attorney to file the notice of intent to relocate, she is following the FL statute for relocation.

    You only have 30 days to respond in writing to the courts and your response must contain the specifics as outlined in the statute.

    From there, a hearing will be set.

    She will be required to provide her reasons for wanting to move and why this is in the best interest of the child as well as altered visiation schedule and how transportation will be handled... and you will be required to say why it is not in the child's best interest.

    Things considered by the courts in relocation, costs of living, family, better schools, ....

    I am sorry to tell you, despite what other posters write here, FL is a very transient state and therefore, I am aware of several cases that have been approved, so just be prepared either way.
  • 03-03-2008 12:12 PM In reply to

    Question [=?] re: Notice of Intent to Relocate

    Thanks for the swift replies, I certainly plan to object this week.

    I need clarification on the process. After my objection, will she need to file a motion, to allow her move. At the same time will she have to file a motion to change custody. As I stated before neither, she nor I, are designated primary.

    BTW, she stated she was moving to improve her quality of life.
  • 03-03-2008 4:08 PM In reply to

    re: Notice of Intent to Relocate

    Hi, short answers to your questions, no and no.

    The notice of intent to relocate is the request to relocate with children and she had to include what she proposes the revised visitation schedule would be. So, if neither of you is designated primary, she is requesting the courts allow her to move with the children (essentially making her the primary) and what she recommends visitation should then be.

    Now, if neither of you is designated primary, do yourself a huge favor, keep track of exactly how often you see and spend time with your children, phone calls, etc ... it will only help you to have it all very well documented. By her giving you the notice, and you filing the objection, that is essentially the filing for the move and the request to schedule a hearing.

    If you do not object in writing within 30 days of you being notified, she can up and move. (this is from the statute but is VERY important:
    "AN OBJECTION TO THE PROPOSED RELOCATION MUST BE MADE IN WRITING, FILED WITH THE COURT, AND SERVED ON THE PARENT OR OTHER PERSON SEEKING TO RELOCATE WITHIN 30 DAYS AFTER SERVICE OF THIS NOTICE OF INTENT TO RELOCATE. IF YOU FAIL TO TIMELY OBJECT TO THE RELOCATION, THE RELOCATION WILL BE ALLOWED, UNLESS IT IS NOT IN THE BEST INTERESTS OF THE CHILD, WITHOUT FURTHER NOTICE AND WITHOUT A HEARING.") You not only have to file your objections with the court, you have to have her served with it. Do not miss your timeline.

    When you file the objection with the courts, a hearing would then be scheduled and both sides will present their cases.

    The FL statute is Florida Statute 61.13001. Parental relocation with a child. Read through it very carefully. It does contain specifically the process and what your objection must include.



  • 08-19-2009 3:05 PM In reply to

    re: Notice of Intent to Relocate

    Can you provide a sample of what the body of the objection letter needs to contain?  or a sample?

    Thanks

  • 11-16-2009 6:20 PM In reply to

    • bbd6767
      Consumer
    • Not Ranked
    • Joined on 11-16-2009
    • FL
    • Posts 2

    re: Notice of Intent to Relocate

    SingleandWorried,

    I have a similar situation as yours, can you tell me the next steps I need to take after the thirty days have passed with no response from my ex-wife? Any help would be appriciated. My direct email is trim.co@comcast.net

    Thanks

  • 11-16-2009 6:30 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 48,250

    re: Notice of Intent to Relocate

    You might be wise to push the % of time your child spends with you as high as possible--over 50% if possible

    Were I in your shoes I'd use counsel for the edge...



  • 11-16-2009 7:34 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 48,250

    re: Notice of Intent to Relocate

    The odds are her "notice" is defective in terms of what it is supposed to contain---amd you need to address that point by point.

    The odds are her proposal fails to account for yourexisting level of being parent and to be allowed to move child in effect strips you of your existing custody.

    Odds are she fails to address why move is better for child.

    To make child into human ping pog ball is not good for child.

    There is no reason for you to absorb visatation costs if she moves away--she needs to pay your expenses--but apparently lacks ability to do so.

     

    I think you need to counter file for majority of custody and she pay your CS --and grant her decent visitation at her expense of course.

     

    But above all--you want to use a pro to be sure you out play her ---this is no time for home brew solutions!



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