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Can I file a motion to relocate without representation?

Child Custody 2 views 4 answers
I was not represented very well in my divorce and had asked over and over to include a relocation clause in the final judgement. Shame on me for not reviewing this in mediation...honestly it was a very intimidating process and I forgot to bring it up. So- my question is....my lawyer wants to charge me to file a motion to relocate and I think its absurd since he knew my intentions and possible work relocation. AM I able to file on my own? Where do I obtain forms...court house I am assuming? I know what I need to show and provide per the FL statute (dont have the statute number off hand right now). However, I am unsure if i need representation in order to file this request...please advise. Kind regards, Samantha

Attorney Answers

4
A Mullaney ·
Yes, you can file your own request to relocate. Make sure to follow up with the judge's assistant to get a hearing scheduled if one is needed.
0 upvotes
James F. Feuerstein IIIBankruptcy AttorneyTavares, FL ·
It is very common for people to file their own motion to relocate. Use form 12.950 A-J recommended by Ms. Brady-Alten. Please let us know if these posts are helpful by hitting the helpful button. Good luck.
0 upvotes
James Chandler ·
There is not a Motion to relocate, but a Supplemental Petition to Relocate. Your lawyer could not include that in the original divorce because there is a statute that specifically covers this, F.S. 61.13001. You can't get approval for relocation before relocation is actually sought. You do not have to have representation, but would certainly suggest, as 61.13001 and relocation petitions are very specific on how they must be filed. I have seen some attorney's make errors in filing leading to dismissal.
0 upvotes

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