How To Move Your Child Out Of Florida - New Florida Child Relocation Law

Florida Divorce Lawyers - How To Move Your Child Out Of Florida - New Florida Child Relocation Law

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The Florida child relocation law requires a custodial parent who wants to move a child more than 50 miles post the non-custodial parent of a proposed relocation by sending a consideration of Intent to Relocate.

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Your consideration of Intent to Relocate must be sent to the other parent before you move. The consideration is a exact form and must include:

1. A description of the intended new residence - include the state, city, and exact bodily address, if you already know it.

If the residential parent is entitled to a communal records exemption of his or her address (police, foster parents and safe bet other communal employees), the court has to order modification of the disclosure requirements of this section, so that confidentiality is maintained. One suggested way of handling this is to put the exempt information on a isolate sheet of paper. On the Notice, say that the information is in case,granted on a isolate sheet and is exempt by Florida law. Contribute the consideration and the extra sheet to the other parent, but only file the Notice.

2. The mailing address of the new residence, if not the same as the bodily address, if you already know it.

3. The home telephone whole of the new residence, if you already know it.

4. The date you intend to move.

5. A detailed statement of the exact reasons for the move. If one of the reasons is based upon a written job offer, the offer must be attached to the Notice.

6. A proposal for the revised schedule of visitation and for the new transportation arrangements. If you don't include this part, the court can dismiss your request. If there is a current, valid order abating, terminating, or restricting visitation, failure to comply with this provision will not cause dismissal. That's also true if you have an additional one "good cause" hypothesize before you want to move. In whether of these cases, the judge will still want to know your plan for hereafter visitation if it is ordered.

You can also convert the child sustain to reconsider the increased transportation costs. If you want to do this, you need to by comparison exactly how you arrived at the new child sustain amount. The court needs to be sure that the children are adequately supported. Reducing the child sustain more than 5% from the whole in the guidelines has to be clearly explained.

7. This statement in capital letters:

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 consideration 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 consideration And Without A Hearing.

8. Your mailing address - where you will receive the objection, if one is filed.

9. A certificate of service showing how and when you gave the consideration to the non-custodial parent.

10. You must sign the consideration of Intent to Relocate under oath and under penalty of perjury and send a copy of it to the non-custodial parent in accordance with the certificate of service. If there is no pending case, you must send the consideration by certified mail, returned receipt and restricted delivery or have a process server or the Sheriff's office personally serve the consideration on the other parent. The customary is not filed with the clerk yet.

You have a duty to modernize the information you give in the consideration of Intent as it becomes known. So if you find an apartment in the new location, you need to Contribute that address as a Supplemental Notice. Remember you can send papers by mail after the first paper is served personally, so the Supplemental consideration can be sent by mail.

What if the Other Side Objects? The non-custodial parent then has 30 days to object to the relocation. If no objection is filed, you have to file a appeal and ask the court to ratify the relocation. The appeal has to be personally served on the other parent. Unless the other parent requests a hearing, the court will ratify the plan agreeing to what is in your consideration of Intent to Relocate, including the visitation and transportation schedules and child support. No hearing is required.

If you receive an objection to the Notice, the parent who wants to move has to file a appeal for permission to relocate and attach the consideration of Intent, including the certificate of service. The court will schedule a priority hearing.

At that hearing, you will have to show that, more likely than not, the relocation is in the best interest of the child. The judge will look at it from the child's perspective, not the best interest of the parent. If the judge initially finds that the move is in the child's best interest, the non-relocating parent then has a opening to prove that the relocation is not truly in the child's best interest.

Can I Move in the Meantime? If you received an objection after giving Notice, you can't move unless you get a temporary order allowing it.The court can enter a temporary order permitting the relocation if:

1. The required consideration of Intent to Relocate was in case,granted on a time; and

2. The court finds first evidence that there's a likelihood the court will approve the relocation based on safe bet factors at the final hearing,

But, the court may not reconsider the temporary relocation as a factor in reaching its final decision. Before you ask for a temporary order, reconsider whether you want to move with the possibility than you may be ordered to return. Also reconsider whether you want to have two hearings before you ask for a Temporary Relocation Order.

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