Notice of Intent to Relocate question

[mommee]

What is the name of your state? Florida

OK, following state statute 61, I served X w/Notice of Intent to Relocate, he recieved on 4/25. Today, I recieved his written objection (he had 30 days), it was dated 4/29. We are wanting to move, in state 230miles away. Now comes the twist, I just found out he has recently (apparently very recently) accepted a job requiring him to move across the country, next month.

My question is, do I still have to follow through with the process if he is no longer local OR would we go ahead and request the hearing on the relocation and file motion to modify visitation (to long distance)? Would the fact that he is moving invalidate his Objection to the Notice to Relocate? Its a relativly new statute so I'm not finding anything onine to go on. Thanks all!!

 

[LdiJ]

What is the name of your state? Florida

OK, following state statute 61, I served X w/Notice of Intent to Relocate, he recieved on 4/25. Today, I recieved his written objection (he had 30 days), it was dated 4/29. We are wanting to move, in state 230miles away. Now comes the twist, I just found out he has recently (apparently very recently) accepted a job requiring him to move across the country, next month.

My question is, do I still have to follow through with the process if he is no longer local OR would we go ahead and request the hearing on the relocation and file motion to modify visitation (to long distance)? Would the fact that he is moving invalidate his Objection to the Notice to Relocate? Its a relativly new statute so I'm not finding anything onine to go on. Thanks all!!

Yes, you still need to go through the process. You need to let the courts know that he has accepted a job across the country, which will make your relocation a slam dunk, and you will need to be prepared with a new parenting plan based on a long distance arrangement.

This is all for the best....you can handle everything at once. Most likely you will get sent to mediation, and you can handle everything there.

 

[mommee]

Great, we were also in the midst of a Petition to Modify CS, the last time we were in front of the judge, he hadn't provided an accurate Financial Affidavit, so we are supposed to go back...what on earth now?
I'm glad the relo will be a non issue, but the kids will see thier Dad much less frequently that we had planned on, they will be pretty sad about that.

 

[LdiJ]

Great, we were also in the midst of a Petition to Modify CS, the last time we were in front of the judge, he hadn't provided an accurate Financial Affidavit, so we are supposed to go back...what on earth now?
I'm glad the relo will be a non issue, but the kids will see thier Dad much less frequently that we had planned on, they will be pretty sad about that.

You will have to deal with the CS issue as well. Most likely that will be separate from the other issues.

 

[mommee]

Ok, update....

so he comes to me telling me he has a job offer across the country and now wants to work out a long distance visitiaton plan (yes after I recieved his objection to my 200mile instate relocation request just the week prior)
SOOOOOO we've come to an agreement where he moves and me/kids move also...we worked out a Child Support agreement (were in the midst of a review of his income and Petiion for Modification), transportation, pretty much everything we could think of. I've tried to reach my attorney for a week to draft the Consent paperwork, but he's been too busy to call me back. SO I looked at one of our previous documents and drafted it myself. X reviewed and agreed...so now I just need to know what to do with it?

On 4/30 the judge granted a change of venue request to the county where we both currently reside HOWEVER I've called my Clerk's office and they haven't recieved anything yet, so there's no case number assigned here so I can't file the Consent that we've drafted and agreed upon. What happens if I file it in the old county? Is it invalid once they do finally transfer the file? Totally confused now**************..

 

[LdiJ]

Ok, update....

so he comes to me telling me he has a job offer across the country and now wants to work out a long distance visitiaton plan (yes after I recieved his objection to my 200mile instate relocation request just the week prior)
SOOOOOO we've come to an agreement where he moves and me/kids move also...we worked out a Child Support agreement (were in the midst of a review of his income and Petiion for Modification), transportation, pretty much everything we could think of. I've tried to reach my attorney for a week to draft the Consent paperwork, but he's been too busy to call me back. SO I looked at one of our previous documents and drafted it myself. X reviewed and agreed...so now I just need to know what to do with it?

On 4/30 the judge granted a change of venue request to the county where we both currently reside HOWEVER I've called my Clerk's office and they haven't recieved anything yet, so there's no case number assigned here so I can't file the Consent that we've drafted and agreed upon. What happens if I file it in the old county? Is it invalid once they do finally transfer the file? Totally confused now**************..

You are going to have to get ahold of your attorney. You can't file a motion/agreement pro se when there is an attorney of record.

Do you have an email addy for your attorney? If not, call his office and ask for one. You can email him about the issue and attach a copy of your agreement....that may light a fire under him.

 

[mommee]

Yes I've emailed a coupe times. I've sent the document over that I drafted and the X has approved. I want him to review it to make sure I used the correct format, I didn't miss anything, wording is appropriate etc. I even told him to just let me know what if anything needed to be edited and I would make the changes and would drive 2hrs to that county to get it to the courthouse if that helped. As of this morning, no word back still.

We've been going through this drama for 2 years with the Child support issues and trying to relocate. Now that we've actually come to an agreement it is killing me to still have it up in the air. I guess I'll just have to be patient and hope X doesn't change his mind, again.