DIY Divorce in Florida

Change #5 Florida Child Relocation Procedure: Serving the Petition

During or after a Florida divorce, there is a special procedure when a parent wants to relocate the children. The child relocation procedure is found at Florida Statute 61.13001. Florida's latest legislative changes to the  relocation procedure took effect on October 1, 2009.

In this continuing series, we look at the change to how the non-moving parent is notified about the relocation request.

In the past, the relocation notification was a letter sent by certified mail. The new procedure requires that the parent seeking to relocate the children file a Petition for Relocation with the court and serve the petition on the non-moving parent.

There are 2 ways to serve the Petition to Relocate:

1. It can be served by the sheriff's office (or certified process server) or
2. It can be sent by certified mail with restricted delivery, return receipt

Just like service of the divorce petition, these methods of service can be waived by written agreement of the parents.

When you represent yourself, you need to be aware of the law. Make sure you get the proper divorce information from someone who knows Florida law. The DIY Divorce in Florida Crash Course on Florida Divorce Law provides everything you need to represent yourself - including the most up-to-date legal information.

Related Posts:

8 Changes to the Child Relocation Law in 2009

Change #1 to Florida Child Relocation Law

Change #2 Child Relocation Procedure - How Far

Change #3 Florida Child Relocation - Notice

Change #4 Florida Child Relocation Law - Responding to the Relocation Petition

Change #4 2009 Child Relocation Law - Responding to Petition

The Florida Legislature changed the child relocation laws in the 2009 legislative session. The changes took effect on October 1, 2009.

One of the procedural changes to the law has to do with the time that the non-moving parent has to respond to a petition for relocation. Under the previous law, the non-moving parent had 30 days to file an objection to the notice. That put all the burden of filing in court on the parent who objected. Now the moving parent must file a petition for relocation in court. The time to respond is now 20 days, like other family law petitions.

Related Posts

8 Changes to the Child Relocation Law in 2009

Change #1 to Florida Child Relocation Law

Change #2 Child Relocation Procedure - How Far

Change #3 Florida Child Relocation - Notice

Change #3 Florida Child Relocation: Notice

When the Florida legislature enacted the relocation procedure, the parent who wanted to move move than 50 miles away had to send a notice to the other parent, who could then object. The idea was to keep the case out of court unless the parents disagreed.Now there is no pre-filing notice requirement.

If you want to move more than 50 miles from where you lived at the time the last order was entered, you now file a Petition for Relocation. The petition contains all the information that the notice formerly had to contain.

Of course, you can still relocate by agreement and save time and money.

Related Posts

8 Changes to the Child Relocation Law in 2009

Change #1 to Florida Child Relocation Law

Change #2 Child Relocation Procedure - How Far

Change #2 2009 Child Relocation Procedure - How Far?

The 2009 Florida law on child relocation clarified 3 points about the 50 mile distance and when it applies:

1. The relocation procedure applies, even when there's no order, if there is a pending case 
   
2. The relocation must be for more than 60 days - ie, it's not temporary
3. The 50 mile measure is from the residence of the parent at the time the last time-sharing order was issued or when the pending case was filed.

Several appeal court decisions had started applying the relocation procedure to pending cases. Now it is official. Even if there is no time-sharing order (for example, when the case is first filed) the procedures of Florida Statute 61.13001 apply if you want to relocate your child more than 50 miles.

Related Posts

8 Changes to the Child Relocation Law in 2009

Change #1 to Florida Child Relocation Law

Change #3 Florida Child Relocation - Notice

Change #1 2009 Florida Child Relocation Procedure

Of Florida's child relocation law changes for 2009, the first change may sound like common sense: The law and procedure of 61.13001 apply when the other parent is entitled to access or time-sharing with the child.

Since this had not been clear on the previous versions of the law, some parents who were not even entitled to time-sharing or child access were able to require the 100% time parent jump through all the hoops of this cumbersome law.

So the first 2009 change to Florida's child relocation procedure is that the procedure only applies of the other parent is entitled to timesharing or child access.

8 Changes to the Child Relocation Law in 2009

Change #1 to Florida Child Relocation Law

Change #2 Child Relocation Procedure - How Far

Change #3 Florida Child Relocation - Notice