Divorce Attorney Scott J. Stadler

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Is There Anything I Should Not Do?

The first thing to remember is not to lose your cool. In spite of all the emotional turmoil you simply cannot lose your cool. If you are out of control you will not be able to make good decisions about your future. Remember, anger is one letter away from danger.

Make sure that you get enough sleep. Sounds easy to say but sometimes it is hard to do. Depriving yourself of essential sleep however is detrimental to your health and welfare. You will not be able to make good decisions if you deprive yourself of proper sleep.

Do not take the kids more than 50 miles from their residence without your spouse’s consent or prior court permission. If you get your spouse’s consent I strongly recommend that you get it in writing with a notarized signature.

There are many bad consequences for moving children more than 50 miles from their home without your spouse’s consent or prior court permission. Pursuant to Florida Statute 61.13001 (6)(a) the court may grant a temporary order restraining the relocation of a child, order the return of the child, if a relocation has previously taken place, or order other appropriate remedial relief, if the court finds:

  1. That the petition to relocate does not comply with Florida Statute 61.13001(3);
  2. That the child has been relocated without a written agreement of the parties or without court approval; or
  3. From an examination of the evidence presented at the preliminary hearing that there is a likelihood that upon final hearing the court will not approve the relocation of the child.

Florida Law

Pursuant to Florida Statute 61.13001(3)(e) relocating the child without complying with the requirements of this subsection subjects the party in violation to contempt and other proceedings to compel the return of the child and may be taken into account by the court in any initial or post judgment action seeking a determination or modification of the parenting plan or the access or time-sharing schedule as:

  1. A factor in making a determination regarding the relocation of a child.
  2. A factor in determining whether the parenting plan or the access or time-sharing schedule should be modified.
  3. A basis for ordering the temporary or permanent return of the child.
  4. Sufficient cause to order the parent or other person seeking to relocate the child to pay reasonable expenses and attorney’s fees incurred by the party objecting to the relocation.
  5. Sufficient cause for the award of reasonable attorney’s fees and costs, including interim travel expenses incident to access or time-sharing or securing the return of the child.

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