objecting to an intent to relocate

[pacman2009]

What is the name of your state (only U.S. law)? florida

my ex is trying to leave the state and has put in an intent to relocate. i have spoke to the people at the courthouse, getting me know where, what i would like to know is where and to whom do i send my letter objecting to this relocation?...the courthouse, her attorney, to her?does it need to be certified? do i need to explain why i dont want her to go or simply put that i object to it? We were not married and have been to mediation in 2005 . I have her every other weekend and wednesday nights and am currently jobless thus not able to mke support payments, is it worth dragging this out do i stand even half a chance?What is the name of your state (only U.S. law)?

 

[CJane]

The only feasible way to prevent the relocation is if you can convince the court to give you custody instead. While being unemployed isn't, in and of itself, a reason NOT to give you custody, you WILL be expected to explain to the court how you propose to support your child while she's in your possession if you can't pay your child support NOW. It costs a LOT less to pay CS than to raise a child.

How did she notify you of the relocation?

 

[Gracie3787]

What is the name of your state (only U.S. law)? florida

my ex is trying to leave the state and has put in an intent to relocate. i have spoke to the people at the courthouse, getting me know where, what i would like to know is where and to whom do i send my letter objecting to this relocation?...the courthouse, her attorney, to her?does it need to be certified? do i need to explain why i dont want her to go or simply put that i object to it? We were not married and have been to mediation in 2005 . I have her every other weekend and wednesday nights and am currently jobless thus not able to mke support payments, is it worth dragging this out do i stand even half a chance?What is the name of your state (only U.S. law)?

You can read the relocation laws in 61.13001 at Statutes & Constitution :View Statutes : flsenate.gov

Has your ex filed the petition to relocate?

If she has you'll need to file your response with the court and serve her/her attorney with a copy.

The law has just changed a few months ago, if there is no agreement, instead of a simple "notice to relocate" the law now requires that a petition to relocate be filed and served. If your ex has not actually filed you can still file your response with the court but it will help if you attach a copy of the notice you were served with.

 

[Ronin]

Unless your 2005 court orders or mediation agreement have any relocation provisions that say otherwise, the following is a very brief summary of the law in your case:

61.13001 Parental relocation with a child.--

(3)(a)7. - AN OBJECTION TO THE PROPOSED RELOCATION MUST BE MADE IN WRITING, FILED WITH THE COURT, AND SERVED ON THE PARENT OR OTHER PERSON SEEKING TO RELOCATE WITHIN 30 DAYS AFTER SERVICE OF THIS NOTICE OF INTENT TO RELOCATE. IF YOU FAIL TO TIMELY OBJECT TO THE RELOCATION, THE RELOCATION WILL BE ALLOWED, UNLESS IT IS NOT IN THE BEST INTERESTS OF THE CHILD, WITHOUT FURTHER NOTICE AND WITHOUT A HEARING.

(5) CONTENT OF OBJECTION TO RELOCATION.--An objection seeking to prevent the relocation of a child shall be verified and served within 30 days after service of the Notice of Intent to Relocate. The objection shall include the specific factual basis supporting the reasons for seeking a prohibition of the relocation, including a statement of the amount of participation or involvement the objecting party currently has or has had in the life of the child.

(8) BURDEN OF PROOF.--The parent or other person wishing to relocate has the burden of proof if an objection is filed and must then initiate a proceeding seeking court permission for relocation. The initial burden is on the parent or person wishing to relocate to prove by a preponderance of the evidence that relocation is in the best interest of the child. If that burden of proof is met, the burden shifts to the nonrelocating parent or other person to show by a preponderance of the evidence that the proposed relocation is not in the best interest of the child.

If you are doing this on your own without an attorney, note that any objection you file also requires your response be VERIFIED, which means a notarized affidavit indicating you have knowledge of the the facts in your objection and they are truthful.

 

[Artemis_ofthe_Hunt]

The only feasible way to prevent the relocation is if you can convince the court to give you custody instead. While being unemployed isn't, in and of itself, a reason NOT to give you custody, you WILL be expected to explain to the court how you propose to support your child while she's in your possession if you can't pay your child support NOW. It costs a LOT less to pay CS than to raise a child.

How did she notify you of the relocation?

Gawd I love that statement... now if we can just make some NCP's understand this! Living off of CS, my rear!

(just in case, I am NOT not NOT implying that this NCP thinks this way... jsut saying.... )