JeninFla708
Junior Member
What is the name of your state (only U.S. law)? Florida
I am living in Fl. needs to relocate back here to NY due to the fact that I am sinking financially. I have been unemployed for 9 months and has had no job offers dispite the many resumes I have sent out. I have two children (ages 9 & 4 1/2) and am divorced. My original order (dated 6/06) is very non specific due to the fact that my ex-husband moved out of state, re-married, etc. He was gone approx. 1 1/2 yrs. before he moved back to Fl. Now that I need to move because I hold a NYS cosmetology license and have my family in NY to give us a place to live, their Father has stressed that he won't agree to the move. Our order has no radius clause, etc. Even with respect to visitation, it only states that we will work it out amoungst ourselves verbally with respect to their school scheduling, etc. (because of him being out of state at the time)
I was told I had to notify their father in writing and submit a "notice of intent to relocate". (which I did today). We've read the provisions which state their father has 30days to respond, etc. but my main question to you is what can I do if I was planning on leaving before a hearing date is given and even possibly as soon as within the next few days. My rent isn't paid and I have no where else to go. I am now living under the threat of eviction, etc.
Can I go to NY if the court is rightfully notified as is their father and await court decisions, etc., while staying here in NY?? How can the court expect me to stay in Fl. for over 30 days until he has responded if we are in such despair? I have noted on my paper work that I am looking for an emergency hearing, (which was denied within 2 hrs. with no explanation). Please advise as much as possible and be specific, I TRULY appreciate any help in this matter. Let me know if you need any further information.
ps: I actually had thought about the "visit" solution and saw that it isn't considered relocating if it's less than 60 consecutive days, but my only concerns were: I will have to withdraw my children from school and enroll them in NY and I will virtually have no residence in Fl. anymore because I have to have my things removed due to non-payment of Oct. rent. Any insight on how the court would handle this?
Jennifer
I am living in Fl. needs to relocate back here to NY due to the fact that I am sinking financially. I have been unemployed for 9 months and has had no job offers dispite the many resumes I have sent out. I have two children (ages 9 & 4 1/2) and am divorced. My original order (dated 6/06) is very non specific due to the fact that my ex-husband moved out of state, re-married, etc. He was gone approx. 1 1/2 yrs. before he moved back to Fl. Now that I need to move because I hold a NYS cosmetology license and have my family in NY to give us a place to live, their Father has stressed that he won't agree to the move. Our order has no radius clause, etc. Even with respect to visitation, it only states that we will work it out amoungst ourselves verbally with respect to their school scheduling, etc. (because of him being out of state at the time)
I was told I had to notify their father in writing and submit a "notice of intent to relocate". (which I did today). We've read the provisions which state their father has 30days to respond, etc. but my main question to you is what can I do if I was planning on leaving before a hearing date is given and even possibly as soon as within the next few days. My rent isn't paid and I have no where else to go. I am now living under the threat of eviction, etc.
Can I go to NY if the court is rightfully notified as is their father and await court decisions, etc., while staying here in NY?? How can the court expect me to stay in Fl. for over 30 days until he has responded if we are in such despair? I have noted on my paper work that I am looking for an emergency hearing, (which was denied within 2 hrs. with no explanation). Please advise as much as possible and be specific, I TRULY appreciate any help in this matter. Let me know if you need any further information.
ps: I actually had thought about the "visit" solution and saw that it isn't considered relocating if it's less than 60 consecutive days, but my only concerns were: I will have to withdraw my children from school and enroll them in NY and I will virtually have no residence in Fl. anymore because I have to have my things removed due to non-payment of Oct. rent. Any insight on how the court would handle this?
Jennifer