Can You Relocate with a Child After Divorce?

Divorce causes many changes to the family structure, but those changes don’t always stop after the divorce is finalized. Many issues continue to pop up along the way. One of the most common is when a custodial parent wants to relocate with their child. Perhaps they found better schooling for the child, or maybe they were offered a great job that’s out of state, or even out of the country. When this is the case, what does Florida law say about it? Are parents allowed to relocate with their children?

What is Considered a Relocation?

If you’re only moving across town with your child, you can likely do so without obtaining permission from the other parent or the courts. This is not considered a relocation. However, under Florida Statute 61.13001, when a parent moves 50 miles away or further, and intends to stay in the new location for more than 60 days, it is considered a relocation. Relocation is not an issue with temporary moves for the purpose of taking a vacation, education, or providing the child with medical care.

Relocation when the Other Parent Agrees

If you and your ex-spouse both agree to the relocation, you can draft a written agreement. This agreement must include:

• Written agreement to the relocation from both parents
• A time-sharing schedule that allows the parent not relocating access to the child
• How transportation of the child will work

After drafting and signing this agreement, you can then file it with the courts. You will not likely have to attend a formal hearing.

Relocation when the Other Parent Doesn’t Agree

Many times, the non-locating parent doesn’t agree to the relocation of their child. If this is the case, you must file a petition to relocate with the court. This is then served to your ex-spouse. Your petition must include:

• The address and phone number of your new home
• The date you wish to relocate
• The reason for the relocation and proof, such as a written employment contract
• Your proposed visitation schedule
• A written plan for transporting the child

After your ex-spouse receives the notice, they have 20 days to file a response. This should include reasons for objecting to the relocation, and how much time the non-relocating parent spends with the child. If they do not respond, the court may automatically grant the relocation. If your ex-spouse does reply to your petition, a judge will hear from both sides and weigh what is in the best interests of the child.

If a judge does not grant your relocation and you move anyway, you may face serious consequences, such as charges of contempt.

Need Help with Your Petition? Call Our Florida Family Law Attorneys

Filing a petition for relocation after divorce is complex. The burden of proof lies with you to show that you are moving, at least partially, for the child’s benefit and the move is not to your sole advantage. At All Family Law Group, our Tampa divorce attorneys can help you with this element of proof. We will also ensure you take all the necessary steps, so you can move forward with your new life while still complying with the law. Contact the Tampa divorce attorneys and family lawyers at All Family Law Group, P.A. for a free consultation.

Resource:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/0061.html

https://www.familymaritallaw.com/what-happens-with-children-and-property-during-a-divorce/

What is Criminal Return Fraud?

When most people think of retail theft, they first think of shoplifting. However, there is another offense that has become more common recently. That is return fraud. This type of fraud has been around ever since there were retail stores. Now that the Internet has entirely changed the way people shop though, it’s becoming even more popular. According to a study conducted in 2018 by the National Retail Federation, 11 percent of all retailers’ yearly sales were returned. Eight percent of those involved fraudulent activity. So, what is return fraud? Can you go to jail if you’re convicted of the crime?

Return Fraud in Florida

The Florida statutes define return fraud as obtaining or using a receipt in a fraudulent manner. Although this definition is somewhat vague, there are many instances that could be considered return fraud. The most common type of return fraud is when a person makes a purchase and uses the receipt from that item to return an item of lesser value.

People that engage in ‘wardrobing’ or ‘free renting,’ are also committing return fraud. This is when a person makes a purchase, uses it for a short time, and then returns it for a full refund. Returning stolen merchandise for a refund is also considered return fraud.

Switch fraud is another type of return fraud. This is when someone owns a product that has broken. They purchase another identical product, and then return the broken one to the store. The customer receives a full refund and gets the new purchase for free.

These are just a few of the instances that could constitute return fraud. Any time a receipt is used fraudulently, it is considered a crime.

Penalties for Return Fraud in Florida

Using a receipt in any way other than the manner it was intended may seem harmless enough. After all, many consider it a victimless crime. However, the state of Florida takes this crime very seriously. Those convicted of it face harsh penalties.

In Florida, return fraud is considered either a first-degree misdemeanor or a second degree misdemeanor. For a first offense of a first-degree misdemeanor charge, a person faces up to one year in jail, a fine of $1,000, and is usually ordered to pay restitution to the retailer they defrauded. If the person is charged with a second-degree misdemeanor, they face up to 60 days in jail, a fine of $500, and often a requirement to pay restitution to the retailer.

Were You Charged with Retail Theft? Call Our Tampa Florida Criminal Defense Attorneys

As it becomes more common, retailers are becoming increasingly frustrated with those that commit return fraud. As such, they are often very aggressive in pressing charges when they believe someone has committed the offense. If you have been charged with return fraud, or any other crime, call our Tampa criminal defense attorneys at All Family Law Group, PA today. We will provide you with a solid defense to give you the best chance of preserving your freedom, and to keep your permanent record clean. Call us now at (813) 672-1900 for your free consultation.

Resource:
nrf.com/media-center/press-releases/organized-retail-crime-losses-reach-all-time-high

https://www.familymaritallaw.com/the-dos-and-donts-after-an-injunction-is-issued-against-you/

What to Know About Emergency Child Custody Orders?

Florida, like all states, have laws that protect children from dangerous situations. These situations are unfortunately many. A parent could kidnap a child, or abuse or neglect their child. Sometimes, both parents are deemed incapacitated or they may both suddenly pass away. In any of these unfortunate situations, and more, an adult may petition the court for an emergency child custody order to place the child in temporary care. What are these orders in Florida, and who can ask for one? You’ll find the answers to these questions pertaining to emergency child custody orders, and more, below.

What is an Emergency Child Custody Order?

Emergency child custody orders are covered under The Uniform Child Custody Jurisdiction and Enforcement Act, or the UCCJEA. All states, with the exception of Massachusetts, follow this law. This Act not only governs the rules for child custody, but they also determine the jurisdiction of the court that has the right to issue an emergency child custody order.

For example, a parent may wish to leave their home state for the welfare of their child, such as if the other parent is abusing them. Under the UCCJEA, that parent must file for child custody in the state they’ve lived for at least six months. However, the UCCJEA also states that if a parent has had to leave their home state with their child for safety reasons, the courts in the new location may issue an emergency child custody order until a more permanent solution can be reached.  Click to see more.