What to Do if You’ve Been Served with a Supplemental Petition to Relocate with a Minor Child in Tampa Bay
If you’ve been served with a Supplemental Petition to Relocate with a Minor Child in Pasco, Pinellas or Hillsborough County, Florida, take a deep breath and read over your documents carefully. For prompt assistance and to schedule a consultation with a child custody attorney in Tampa Bay. please call (813) 879-4600.
We understand that the thoughts of having your child relocated out of State or in excess of 50 miles from your current area can be overwhelming. This is especially true if you have established a meaningful relationship and timesharing with your minor child or children. We represent both mothers and fathers who earnestly either need to relocate in an effort to ensure that their child’s best interests are being provided for as well as those who need to contest a Supplemental Petition for Relocation.
How do you Contest a Supplemental Petition for Relocation with a Minor Child?
If you object to or contest a parental relocation, remember, the courts will ultimately look to the best interests of the child and it is up to the other party to prove that it would be. But take note that just because it may be difficult, it doesn’t mean it won’t be permitted as it frequently is. Hiring the very best child custody and parental relocation attorneys for you and your situation is one step you can take when you wish to contest any family law matter that may effect you or your minor children.
First Step After Receiving a Supplemental Petition for Relocation with a Minor Child
The first step after being served will be to file your answers to the Supplemental Petition to Relocate with a Minor Child. Your initial answers and objections file with the courts are very important. They should best reflect why relocating is not in the best interest of the children while abiding by the court’s rules. If you contest the relocation, you will likely want to serve a counter petition with your answers. A response is in the form of an Answer and it must be sworn to under oath and must include the specific factual basis supporting the reasons for objecting to the relocation, including a statement of the amount of participation or involvement you currently have or have had in the life of the child(ren). This is very important and it is why most parents who contest a relocation prefer to hire an experienced family law lawyer.
If you do not contest the relocation and you are permitting your minor child’s parent to relocate, you still may wish to consult with a Tampa child custody attorney to ensure that you won’t be inadvertently agreeing to a parenting plan (timesharing) or child support order that will not be in your best interest.
Overview of Options After Being Served with a Supplemental Petition to Relocate with a Minor Child
The following is a quick overview of what can likely occur based on the position you take on the Supplemental Petition to Relocate with a Minor Child you’ve been served with.
- DEFAULT. *IF YOU DO NOT FILE YOUR ANSWER – If after 20 days, you have not filed an answer, the other party may file a Motion for Default judgement. Then, once they have filed all of the required papers, a date will be set for a final hearing. You must be notified of this hearing with a Notice of Hearing (General), Florida Supreme Court Approved Family Law Form 12.923, or other appropriate notice of hearing form.
- UNCONTESTED. If you (the respondent) files either an answer agreeing with everything in the supplemental petition to relocate with a minor child or an answer and waiver, and you comply with mandatory disclosures and file all of the required papers, you may contact the clerk or judicial assistant to set a final hearing. Again, even if you agree to the move, you may wish to consult with a lawyer to make sure that your parental rights are protected.
CONTESTED. If you object to or “contest” the relocation or any part of the terms of the relocation of your minor child, you must file either an answer or an answer and counterpetition, which disagrees with or denies any part of the supplemental petition. If you are unable to settle the disputed issues, you should file a Notice for Trial, Florida Supreme Court Approved Family Law Form 12.924, after you have complied with mandatory disclosure and filed all of the required papers. Some circuits may require the completion of mediation before a final hearing
may be set. You should then contact the clerk, family law intake staff, or judicial assistant for instructions on how to set your case for trial (final hearing).
*If you file an answer and counterpetition, the other party should answer the counterpetition within 20 days.
Why Hire a Tampa Bay Parental Relocation Attorney?
As you can see by the information we have provided plus additional information that can be found on Floridacourts.org , you can represent yourself (pro-se) in this family law matter. But the rules of procedures are quite stringent. Related Florida Family Laws may also play a role in the outcome of your case. Thus, self representation may not be in yours or your child’s best interest.
Read More About Supplemental Petitions for Relocation with a Minor Child in Florida
- Relocating with the Children
- Relocating for The Best Interest of Your Children
- Establishing Paternity Prior to Relocating with a Minor Child
- Tampa Florida Jurisdictional Issues & Parental Relocation
Nilo J Sanchez & Associates Top Rated Child Custody Attorneys in Tampa Bay
Consulting with a Tampa parental relocation attorney can be highly beneficial to determine the facts of your particular case and how you might best proceed. The information here is not to be considered legal advice and is general information only. We know that “Nothing is More Important than Your Family” and now is not the time to take chances. If you would like additional information or to schedule a consultation, please call (813) 879-4600 or use the form below to send us a secure message.