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momee
newbie


Reged: 05/14/07
Posts: 26
Notice of Intent to Relocate advice needed
      #234830 - 05/14/07 10:12 AM

I am the Prim Cust Parent, looking to file a Notice of Intent to Relocate (moving 2.5hr away, still instate) I have read the new statute inside and out, but I want to make sure when I file, that I truly include all of the information that would be most helpful to maximize my chances for sucess. I am quite certain there will be an objection and I do intend to provide alternate visitation arrangments in the notice as required. I am engaged now, will be relocating to live with soon to be hubby. We wanted to wait till next year to actually get married so we can plan and have the whole family celebrate with us. However, if it helps our case for relocation, we could certainly move it up. Hoping to make the move before the school year starts. Any advice or tips from experience would be most appreciated!! btw, I will be filing w/4th Circuit Court

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BlendedFamily
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Reged: 10/28/04
Posts: 436
Loc: The "Sunshine" State
Re: Notice of Intent to Relocate advice needed [Re: momee]
      #234940 - 05/14/07 01:42 PM

Does your current CO address moving away?

How old is the child(ren) in question?

Is the reasoning just because you are engaged and getting married?

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-Remarriage is an excellent test of just how amicable your divorce was- Margo Kaufman


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momee
newbie


Reged: 05/14/07
Posts: 26
Re: Notice of Intent to Relocate advice needed [Re: BlendedFamily]
      #234966 - 05/14/07 02:39 PM

-No, our current CO doesn't address moving away
-Children 5 and 9
-My fiance's job require's him be in a certain geographic area, he is moving also and we are meeting in the middle to stay as close as possible to nonCustParent


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BlendedFamily
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Re: Notice of Intent to Relocate advice needed [Re: momee]
      #235253 - 05/15/07 05:30 AM

If the BF shows that he is actively involved in the children's lives then it's going to be tough. Can it be done? Sure, if you show enough proof to the court.

Is BF paying CS on time?
Ensure that the alt. schedule does not cut down his parenting time drastically and since you are moving make sure that you state that you will provide the transportation.

I am not sure if you not being married at the moment will either hurt or help your case but a court might consider that you are not married and moving.. KWIM?

Also, make sure you file the intent to move with notification to the BF prior to the Fla. Stat. deadline.

--------------------
-Remarriage is an excellent test of just how amicable your divorce was- Margo Kaufman


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momee
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Reged: 05/14/07
Posts: 26
Re: Notice of Intent to Relocate advice needed [Re: BlendedFamily]
      #235301 - 05/15/07 08:59 AM

BF's involvement with the children has been limited to weekend 'fun time' only. Which is great and I would still want to continue. I would offer more summer if not all summer visitation as well as all 3 day weekends during the school year. BF has had no involvement in chilren's school, dr. appts....only weekend visits for the last 3 years. He just moved near us 2 months ago, we have been 2hrs away for the last 2 years (he allowed that relo shortly after the divorce)
-He is paying CS on time, but per our agreement, it is far, far below guideline (my mistake, orig order reached during mediation, i had no representation)
-Not sure what KWIM means? please do enlighten!
-What deadline? I know per the new Statute, I need to give 30 days notice, but I am quite certain it will take much longer than that to sell our house. I am under no impression it will happen that quickly.

Thank you for your input!


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BlendedFamily
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Reged: 10/28/04
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Re: Notice of Intent to Relocate advice needed [Re: momee]
      #235398 - 05/15/07 12:40 PM

KWIM = Know What I Mean

If BF is "involved" on the weekends then you are going to have a fight on your hand. Best to try to convince BF that his time would not reduce and present him with a very nice offer.

If he relocated to be close to the kids then the judge may take that in BF's favor even tho he is a "weekend fun Dad."

I'm on both sides of the fence where I am a BM and a SM and with how little we get SS.. we end up being the "Weekend fun family" as well because of the limited involvment we are "allowed" to have.

Judge might say to you... "Sure you can move, but kids stay here with Dad." Not being pessimistic.. just speaking realities.

Yes, you have no notify the BF 30 days prior to even attempting to move. The one thing in your favor is that there is not a move-away clause.

--------------------
-Remarriage is an excellent test of just how amicable your divorce was- Margo Kaufman


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momee
newbie


Reged: 05/14/07
Posts: 26
Re: Notice of Intent to Relocate advice needed [Re: BlendedFamily]
      #236345 - 05/17/07 09:09 AM

I am well aware of what 'could' happen, that is why I wouldn't dare accept an offer to sell my house without the courts's blessing.

Still, it is time to move on and my children do deserve the best life possible and to live in a loving, family home. I am not doing this to take the kids from thier Dad, but given his limited interest in thier day to day lives for the last 3 yrs, I don't feel like it would be much of a transition for the kids. He'll still see them pretty close to the time he sees them currently.

Again, if the courts mandated that the time MUST be equal with the NCP after a relo, then they would never, ever allow a relo and I know that isn't the case.

I am looking for anyone who has actually been through or is in the midst of a relo...here in Florida. There doesn't seem to be much activity here on the Florida specific forum, and the general Divorce Source forum topics are really, really negative. Thanks again!!


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JenM2005
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Reged: 05/21/07
Posts: 2
Loc: Florida
Re: Notice of Intent to Relocate advice needed [Re: momee]
      #238209 - 05/21/07 12:02 PM

I am glad I fond this topic. I am going through a similar situation and have questions no one will answer for me. I have been divorced since 2001, BF remarried in 2003, I remarried in 2005. The neighborhood I have lived in since my divorce has rapidly gone down hill, gangs, drugs, home invasions etc. BF has threatened to try to take kids because of the neighborhood (I know he can't but...weirder things have happened). Kids are 13 & 11 (both girls). We have got the opportunity to move onto a 2 acre piece of property about 35 minutes south of where we are now. Right now we are on less than 1/4 acre and the kids can't even ride their bikes without being afraid.

Do I have to file a notice of intent? Hubby and I talked with BF about it last night and he seemed cool with it, "just to get them out of that neighborhood". Can I just write a letter showing no change in visitation schedule, etc and have him sign it or is there a form I have to complete?


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momee
newbie


Reged: 05/14/07
Posts: 26
Re: Notice of Intent to Relocate advice needed [Re: JenM2005]
      #238238 - 05/21/07 12:49 PM

I think you are OK to move without notice...here is what the new statute says..

(1) DEFINITIONS.--As used in this section:
(a) "Change of residence address" means the relocation of a child to a principal residence more than 50 miles away from his or her principal place of residence at the time of the entry of the last order establishing or modifying the designation of the primary residential parent or the custody of the minor child, unless the move places the principal residence of the minor child less than 50 miles from the nonresidential parent


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pntball
recently joined


Reged: 07/14/07
Posts: 1
Re: Notice of Intent to Relocate advice needed [Re: momee]
      #262085 - 07/14/07 07:04 PM

can someone tell me where the new laws regarding this are located please? Thank you!

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googledad
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Reged: 12/31/05
Posts: 10213
Re: Notice of Intent to Relocate advice needed [Re: pntball]
      #262322 - 07/15/07 11:39 AM

http://www.leg.state.fl.us/statutes/index.cfm?mode=View%20Statutes&SubMenu=1&App_mode=Display_Statute&Search_String=intent+to+relocate&URL=CH0061/Sec13001.HTM

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Careful. We don't want to learn from this.


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autiger
recently joined


Reged: 09/26/07
Posts: 1
Re: Notice of Intent to Relocate advice needed [Re: momee]
      #296252 - 09/26/07 10:16 AM

I am also trying to re-locate. I have similar issues. I am going to be remarried next year and want to move to Alabama. I have all of my family there, none here. My new hubby can't move here beacuse of his joint custody of his girls. I have hired an attny, mediation failed, my ex his strongly objecting the move. I know I am in for a battle. I'd be interested to know where your relocation efforts stand. There is so little info on new cases with the new statute. I'd be interested to see who and how wins. I know the odds are against me, but I am plowing ahead.

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texas_dad
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Reged: 05/03/07
Posts: 70
Re: Notice of Intent to Relocate advice needed [Re: autiger]
      #297653 - 09/28/07 08:59 PM

autiger, you should start a new thread instead of latching onto an old thread

Edited by texas_dad (09/28/07 09:00 PM)


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