DIY Divorce in Florida

Change # 7 2009 Florida Child Relocation Changes: Time Frames

Florida law changed again with respect to relocating a child during & after divorce. Effective October 1,
2009, the Florida Legislature made 8 major revisions to the child relocation law and procedure. This is the 7th of a continuing series of posts examining the changes to the child relocation law. 

Today's change has to do with timeframes.The changes to the Florida law which became effective on October 1,2 009, impose two different timeframes.

1. If a motion for temporary relocation is filed, the temporary hearing has to be held in 30 days (unless there is good cause) and

2. If an objection is filed, the final trial on the relocation petition must be held within 90 days.

Prior to these legislative changes, there was no standard time frame for setting hearings. In busy areas, this meant the relocation hearing was set months in the future, making it impossible to accept job offers out of the area. Although a delay of 90 days may mean some parents will still lose out on job offers, at least there is a clear end in sight with the 2009 changes to the child relocation law in Florida.

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 #5 Florida Child Relocation Procedure - Serving the Petition

Change #6 Florida Child Relocation Law - No Objection = No Hearing

Change #6: 2009 Florida Child Relocation Procedure - No Objection = No Hearing

The Florida procedure for relocating children during or after a Florida divorce changed again on October 1, 2009. In this continuing series about the 2009 divorce law changes, we look at what happens when the non-moving parent does not file an objection (on time) to the relocation of the children.

The procedure of Florida Statute 61.13001 now specifies that if the non-moving parent does not file an objection on time, there is a legal presumption that the move is in the best interest of the children and the petition can be granted without a hearing. The order will adopt the revised timesharing schedule that was proposed in the relocation petition.

If you are the non-moving parent, be sure that you file an objection on time if you object to the child moving. If your objection is not filed on time, the judge can find the move is in the best interest of the children and approve the relocation without a hearing.

Remember, with the DIY Divorce Crash Course, you always have the most up-to-date Florida divorce legal information. We help you represent yourself and do it right - Florida divorce without attorneys.

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 #5 Florida Child Relocation Procedure - Serving the Petition

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