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temporary relocation.. emergency

by S. smith
(Miami)

Hi,
I'm reporting for basic training at a federal academy, I got approved by my chain of command to take my infant child with me. So, it will be like I'm working a normal 7am-pm job. I just notified my lawyer 5.12.14 that I'm leaving, and she said she is going to request an emergency hearing, so I can get temporary relocate. My ex does not live in my state he is 13 hours away, and my temp location is half way to his state. Why can't I leave the state?

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Relocation with Minor Child
by: Staff

I'm not sure that you need court permission since you have military orders to relocate. And you are going to be closer to your ex. If you have written permission from your ex then there should not be an issue with your relocation. The Statute states: 61.13001 Parental relocation with a child.—

(2) RELOCATION BY AGREEMENT.—
(a) If the parents and every other person entitled to access to or time-sharing with the child agree to the relocation of the child, they may satisfy the requirements of this section by signing a written agreement that:
1. Reflects consent to the relocation;
2. Defines an access or time-sharing schedule for the nonrelocating parent and any other persons who are entitled to access or time-sharing; and
3. Describes, if necessary, any transportation arrangements related to access or time-sharing.
(b) If there is an existing cause of action, judgment, or decree of record pertaining to the child’s residence or a time-sharing schedule, the parties shall seek ratification of the agreement by court order without the necessity of an evidentiary hearing unless a hearing is requested, in writing, by one or more of the parties to the agreement within 10 days after the date the agreement is filed with the court. If a hearing is not timely requested, it shall be presumed that the relocation is in the best interest of the child and the court may ratify the agreement without an evidentiary hearing.

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