Filing A Post-Divorce Relocation Petition
This article will cover:
- Petitioning for relocation of a child and related waiting periods.
- Legal requirements for notifying the other parent of relocation.
- Legal consequences of relocating without a court order and emergency pickup orders.
How Far In Advance Do I Need To Petition The Courts For Relocation Of The Child?
If you are considering filing a petition for relocation, it is important to do so as quickly as possible. While these petitions are fast-tracked and can result in a temporary hearing relatively quickly, there are many statutory waiting periods involved.
It takes time to prepare and file the necessary documents, serve the other party, and obtain a hearing date, which could take a several months. So, to avoid any delay or issues, it is best to file the petition for relocation as soon as possible.
Do I Legally Have To Give My Children’s Other Parent Notice Of Relocation If I Can Locate Him Or Her?
When parties have been married, it is recommended to discuss the relocation with each other. If you cannot locate the other parent to enter into an agreement, and a current parenting plan is not in place, there may be additional steps required before you can relocate. If you move without proper legal action, you could face contempt charges or an order for pickup of the children by the court. It is always a good idea to contact me for a free consult before relocating.
What Is The Penalty For Relocating Without A Court Order?
If you relocate without a court order, the court can hold you in contempt and order a pickup of the children by the sheriff. The court has the power to bring the children back to their original home state, and the relocating parent may face further legal action.
Can I Stop My Ex From Moving Away With Our Kids?
If your ex-spouse has moved away with your children, it is possible to file an emergency pickup order. This may be done if there is evidence of abuse, neglect, or abandonment, or if there are compelling reasons for the children to be brought back to their original home state. The court may issue an emergency pickup order, which will be enforced by the sheriff in the other state or county.
Can I Move Away If I Have Sole Legal Custody?
Even if you have sole parental responsibility, you are still required to file a petition for relocation under Florida Statute 61.13001. This statute applies to every prior court order, even if you are the primary caretaker of the child.
Before A Divorce, Can I Move Away With Our Kids?
If you want to move during a period of separation, it is recommended to enter into a written agreement and obtain a court order approving it. If no divorce petition and you move prior to filing same, the other party may file to have the child be brought back to the state of Florida as the court has jurisdiction over the child based on the UCCJEA.
Before A Divorce, Should I Move Out And Then File For Divorce?
Whether you should move out of the marital home before filing for divorce depends on your particular circumstances. Moving out of the marital home does not mean you abandon your rights to the property, and you still have equitable distribution rights. The decision to move out or stay in the home during a divorce is a personal one that should be based on your specific situation.
Before A Divorce, Can My Ex Take The Kids And Move Before The Divorce Is Filed?
If your children have lived in Florida for at least six months, then this court has exclusive and continuing jurisdiction over the children under the UCCJEA. The court may allow the relocating parent to remain within 50 miles of the other parent during the proceedings, or they may order them to bring the children back to their home state.
For more information on Filing A Post-Divorce Relocation Petition, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (239) 334-4383 today.