Legal Question in Family Law in Florida
On Nov 24th my divorce lawyer received a NOTICE OF INTEND TO RELOCATE with my son out of the country. He sent it back to her lawyer with a notice of non-representation. he no longer represents me. Date of Final Judgment of divorce April 09. He sent me a copy of of everything.
I have not been served oficially by the court or the lawyer since I haven't received anything yet. I have 20 days to object, wich I will do.
Should I keep on waiting to be notified?
Altough there's a case number,, the Notice does not have the court stamp nor can I find the case online in the clerk of courts of Miami Dade.
What should I do?
2 Answers from Attorneys
The notice doesn't get filed with the clerk until a lawsuit needs to be filed based on it. Hire a lawyer and serve a response right away. No one knows if "service" under the relocation statute means by a process server or by mail. Technically, I think you've been served, so you need to respond. You certainly don't want to fail to respond, then argue that you weren't served after the other parent has already moved out of the U.S.
I think you have been served, so I would respond. Do it by fax as well as regular mail, or by certified mail RRR, so that you have proof that you have done so.
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