QUESTION

Petition to Relocate

Asked on Jul 17th, 2023 on Child Custody - Florida
More details to this question:
Hey there. I’ve filed a petition to relocate more than 50 miles. I’ve serve the other side and it’s been passed 20 days and they have not responded to my petition. Should i file a MOTION TO GRANT RELOCATION AND INCORPORATE THE ACCESS AND TIMESHARING SCHEDULE IN THE PETITION next?
Report Abuse

1 ANSWER

Family Law Attorney serving Plantation, FL
3 Awards
Dear Anonymous:   Since the other parent has not responded, under Florida Statute 61.13001, there is a presumption that relocation is in your child's best interest.  This also presumes that you followed all the prerequisites in serving the other parent and, if applicable, anyone else who may have legal rights to timesharing with the child,  as required by Florida statute, and filed the return of service. However, you are correct  that you have to take steps to bring this to the Court's attention to obtain the Order permitting you to relocate. There is no specific form for you to file, but your proposed Motion seems appropriately titled.  Be sure to include in your motion that the other side was properly served and failed to respond. Once you file the motion you will need to read the Judge's specific procedures on how to set a hearing on the matter.  Some counties have help desks that you can call if the procedures are not clear.  You should probably only need 10 to 15 minutes for your hearing.  Looks like you are headed in the right direction to allow your move! Best of luck. Cindy S. Vova Family Law Offices of Cindy S. Vova, P.A. Broward-Miami-Dade: 954-316-3496 Palm Beach: 561-962-2785  
Answered on Jul 20th, 2023 at 5:36 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters