Florida Divorce Lawyer Russell D. Knight Explains the Possibility of Moving While Going Through a Divorce Process
Florida divorce lawyer Russell D. Knight releases a new article (https://divorceattorneynaplesfl.com/my-child-and-i-live-in-naples-florida-but-i-want-to-move-how-can-i-move-with-my-child/) explaining the possibility of moving while going through a divorce process. The lawyer mentions that in Florida, whether a couple has a parenting agreement or not, they are allowed to move with the child without signing a written document or following a court order.
“If the parents are agreed as to the relocation and a court order or parenting agreement exists “the parties shall seek ratification of the agreement by court order”. After that ratification is entered, the parties have only 10 days within which they can change their mind and ask the court to undo the ratification. If the court order exists, you have to go to the county it was entered in to modify it. If the court order does not exist, you must go to the Collier County courthouse if the child lives in Naples, Florida,” says the Florida divorce lawyer.
The lawyer explains that if the parents agree to the relocation, they also agree to Fla. Stat. Sec. 61.13.001(2)(a). This section of the Florida Statute states that a written agreement means that both parties agree to the relocation, that there are defined access or time-sharing schedule for the non-relocating parent or any other persons entitled to time-sharing, and that any transportation arrangements are described in detail.
Attorney Russell D. Knight also mentions that the statute lays out very strict requirements as to what is necessary when they file a petition for relocation. The petition must be formally served upon the other parent. After the other parent has been served, they have 20 days to file an objection to the relocation.
In the article, the lawyer adds that if the other parent files an objection, the court will assume that the relocation is in the best interests of the child. If the other party is able to provide a good reason for a late objection, the 20-day rule may be waived.
According to the divorce lawyer, “If the person filing the petition for relocation does not follow the statute’s stringent requirements regarding filing the petition can give the court permission to deny the relocation of the child on that basis alone (even if the relocation is in the best interests of the child). The court can then issue a temporary order preventing the relocation until the court is able to examine all the factors in a full and formal evidentiary hearing.”
Lastly, an experienced divorce attorney is recommended when dealing with family law issues. A skilled attorney may be able to assist clients in understanding their rights and responsibilities during the process of divorce or separation.
About The Law Office of Russell Knight
The Law Office of Russell D. Knight was established in 2009 by the divorce attorney Russell D. Knight. The lawyer’s love for family law is demonstrated by the numerous articles personally written by the lawyer. Russell is a licensed lawyer throughout Florida and Illinois. The attorney has a legal practice in both states and employs an entire staff of paralegals and attorneys in the two states of Chicago, Illinois, and Naples, Florida. Contact them today at (239) 202-0455.
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Law Office of Russell Knight
Russell D. Knight
(239) 202 0455
1415 Panther Ln #218, Naples, FL 34109, United States