AboutDan Bachert Expertise I can respond to questions pertaining to Florida Family Law within the specific areas of Divorce, Child Custody, Child Timesharing, Alimony and Child Support Enforcement/Modification, Equitable distribution, and Inter Family Adoptions.
Experience Actively practicing Family law in the Palm Beach, Martin and St. Lucie Counties for the past nine years.
Organizations Florida Bar, Family Law Section of Florida Bar, Palm Beach County Bar Association, BNI
Education/Credentials Bachelor of Science in Political Science from Florida Atlantic University; Juris Doctorate from St. Thomas School of Law
Expert: Dan Bachert Date: 7/22/2008 Subject: moving out of state
Question QUESTION: Good afternoon Dan, I am currently residing in Florida as is the father of my son. We are both from Massachusetts (dad and I). I have been offered a job in Massachusetts and have my entire family there. My son and I went home for a visit back in May and we both want to move there. Dad on the other hand is not for it as of yet. He also mentioned to me that if I leave the state of Florida with our son that he could have me arrested for kidnapping my own child. Is that true? I am the custodial parent and has his visitation as stated in the documents. Mind you that the visitation schedule was from way back in 2003. that was when he lived in Volusia County and we were here in Broward County. He now lives here in Broward County and I have not given a hardtime about seeing our son more than the visitation schedule states as he is his father. I just need to know that if I go ahead and take this job in Mass and move there with my son (who wants to move also)will I be getting myself into some kind of trouble? Please advise.
Sincerely,
Linda
ANSWER: Hi Linda, you will be required to comply with Florida's Relocation statute and provide notice to the father of your intent to relocate. He must then file a notice of objection to the relocation and if so you will have the initial burden of proving to the court that the relocation will be in the best interest of the child and you. If you met that initial burden then the father will been given an opportunity to prove that the relocation is not in the child's best interest. For the particulars see Florida Statute 61.13001. Read the statute very carefully if you do not understand the requirements then you should most defiantly retain an attorney for the action as you may only have one opportunity to seek the relocation. If you relocate without complying with the statute the court can order the return of the child to the jurisdiction and can consider your non-compliance as a reason to modify primamry custody of the child.
I hope this information was helpful to you.
This answer is based solely on the information you have provided in your question and as always, I would advise that you arrange for an in person consultation with an attorney from my firm or another Family Law attorney familiar with Florida Family Law who can analyze the specific facts and circumstances of the case more closely to better advise you.
Sincerely,
Daniel Bachert, Esq.
The Bachert Law Firm, P.A.
330 Clematis Street, Suite 222
West Palm Beach, Florida 33401
(561) 653-3951
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QUESTION: Hello Dan, thank you for the rapid response...very impressive. We both agreed to a mediation prior to court on the paperwork I have. Is that something that I would need to hire an attorney for? If so, approximately what would something like this run? Do you think this maybe something that I can try and go thru legal aide? It is not in my sons best interest to live with is father. He has a record...battery charges and he is an alcoholic. My son is 12 years old...will his voice be heard? Please advise. Have a nice day.
Sincerely,
Linda
Answer Hi Linda, I would advise that you follow the statutes notice provisions then if the father objects request that an order for mediation be entered. Attend the mediation with or without counsel and if mediation does not work hire an attorney to argue the case before the court. The court is required to hear the testimony of the child affected if the parties wish that testimony to be heard but I would be very careful of such a tactic as I have seen a few cases where the relocation would probably have been permitted but for the testimony of the child and the courts questions about the child's love for the parents which usually results in the child breaking down and stating that it would be better if everyone was in the place so that all relationships could continue. Remember that the child will be treated just like the parties during testimony and if the child has an opinion they will be expected to back that opinion up with facts.
