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Do I file a NOTICE of Intent to Relocate, or a Petition to Relocate (w/ financial affidavit etc) or both Notice and Petition??

Boca Raton, FL |

The Law is confusing. Do I file a NOTICE of Intent to Relocate and Certificate of Service or a Petition to Relocate (w/ financial affidavit, child support guidelines, notice of social security number and UCCJEA etc) or both Notice and Petition(with other docs and Certificate of Service?? Divorce is over.

Attorney Answers 5


  1. Best answer

    Along with what my colleagues stated, I want to add, in the case of relocation, make sure that you are reading the most recent statute on relocation (2012). An earlier version required the filing of a Notice of Relocation, so I fear you are reading an older version. Currently, if following the statute, if the other parent does not agree to your relocation, you must file and serve a petition for relocation with its very specific requirements and all of the commensurate other forms which you noted.
    Relocation is such a difficult area of family law. Every case is different and in my experience, even a similar set of facts can have a very different result depending on many other factors. If this relocation is very important to you, you really would be best served by seeking an experienced lawyer who has a good grasp on relocations in your area.
    Best of everything.
    Sandra K. Ambrose

    This response is only intended for informational purposes and is not intended as legal advice or as a substitute for hiring an attorney in your state. Further, by sharing this information, it is in no way intended to establish an attorney client relationship with the reader.


  2. You are correct, law in this area is complex, and an explanation of all the required steps is beyond the scope of this Q & A cite. I assume there is no agreement regarding the relocation.

    The best I can do is direct you to Florida Stat. 61.13001, which Is the statute on relocation.

    The above is for informational and educational purposes only, does not establish an attorney client relationship, and cannot be relied upon as legal advice. The only legal advice offered is to have this matter reviewed and discussed by a competent attorney of your own choice.


  3. When you pose questions like this, it is extremely important that you give us the context of what is going on and what has gone on thus far in your legal matter. We need to know what the Final Judgment states as well as more information, in general. Counsel has correctly pointed you to the correct statute which I trust that you have read?! Always read the complete statute, if you have not already. Frequently, the answer to your question is contained right there. Especially when you are talking about relocation, which is specifically addressed by Florida Statutes. Good luck!

    Please be advised that any answers or information disseminated above do not constitute legal advice and that the attorney responsible for this posting is merely attempting to participate in a Q & A session intended to be helpful but certainly not intended to be legal advice. It is important that you understand that no attorney-client relationship has been formed and that the attorney has no obligation to follow up with you with your legal issue unless you separately contact said attorney and arrange for him to legally represent you.


  4. I agree with my colleagues. You will need to file a Petition to Relocate, along with all of the other required documents that you mentioned. You may want to retain an attorney to help you with the relocation, as it is not an easy area of the law. Best of luck!

    The hiring of a lawyer is an important decision that should not be based solely upon advertisements. The information contained in this Website is provided for informational purposes only, and should not be construed as legal advice on any subject matter. No recipients of content from this site, clients or otherwise, should act or refrain from acting on the basis of any content included in the site without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from an attorney licensed in the recipient's state.


  5. I agree with my colleagues. There are a few hurdles that you have to overcome. If i were you I would retain an attorney.

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