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INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW (Family Law Attorney Jacksonville, FL)

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INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY
LAW FORM 12.950(d), SUPPLEMENTAL PETITION TO PERMIT
RELOCATION WITH MINOR CHILD(REN) (09/10)
When should this form be used?
This form should be used when you are asking the court to permit the relocation of the principal
residence of the petitioner if:
1. You plan to relocate your residence more than 50 miles from your principal residence at the
time of entry of the last order which established or modified primary residence, custody,
visitation, or time-sharing;
2. The court has not entered an order granting permission to relocate.
3. The relocation will be for a period of 60 consecutive days or more, not including any
absence for purposes of vacation, education, or health care for the child(ren).
4. Your order regarding custody, primary residence, visitation, time-sharing or parenting plan
was entered before October 1, 2009 and the order does not expressly govern the relocation
of the child(ren); was entered on or after October 1, 2006; or your case was pending on
October 1, 2009.
This form should be typed or printed in black ink. You must fill in all sections of the form. After
completing the form, you should sign the form before a notary public or deputy clerk. You
should file this form in the county where the original order was entered. If the order was
entered in another state, or if the child(ren) live(s) in another state, you should speak with an
attorney about where to file this form. You should file the original with the clerk of the circuit
court and keep a copy for your records.
What should I do next?
For your case to proceed, you must properly notify the other parent and every other person
entitled to, access, time-sharing, or visitation with the child(ren) in your case of the
supplemental petition. “Other Person” means an individual who is not the parent but with
whom the child resides pursuant to court order, or who has the right of access to, time-sharing
with, or visitation with the child(ren). If you know where he or she lives, you should use
personal service. If you absolutely do not know where he or she lives, you may use constructive
service. You may also be able to use constructive service if the other party resides in another
state or country. However, if constructive service is used, the court may only grant limited
relief. For more information on constructive service, see Notice of Action for Dissolution of
Marriage, Florida Supreme Court Approved Family Law Form 12.913(a), and Affidavit of Diligent
Search and Inquiry, Florida Family Law Rules of Procedure Form 12.913(b). If the other party is
in the military service of the United States, additional steps for service may be required. See, for
example, Memorandum for Certificate of Military Service, Florida Supreme Court Approved
Family Law Form 12.912(a). The law regarding constructive service and service on an individual
Instructions for Florida Supreme Court Approved Family Law Form 12.950(d), Supplemental Petition to
Permit Relocation with Child(ren)(09/10)
in the military service is very complex. If you have any questions about service, you may wish to
consult an attorney regarding these issues.
If personal service is used, the other party has 20 days to answer after being served with your
supplemental petition. Your case will then generally proceed in one of the following three ways:
DEFAULT... If after 20 days, no answer has been filed, you may file a Motion for Default, Florida
Supreme Court Approved Family Law Form 12.922(a), with the clerk of court. Then, if you have
filed all of the required papers, you may call the clerk, family law intake staff, or judicial
assistant to set a final hearing. You must notify the other party of the hearing by using a Notice
of Hearing (General), Florida Supreme Court Approved Family Law Form 12.923, or other
appropriate notice of hearing form.
UNCONTESTED... If the respondent files either an answer that agrees with everything in your
supplemental petition or an answer and waiver, and you have complied with mandatory
disclosure and filed all of the required papers, you may call the clerk, family law intake staff, or
judicial assistant to set a final hearing. You must notify the other party of the hearing by using a
Notice of Hearing (General), Florida Supreme Court Approved Family Law Form 12.923, or other
appropriate notice of hearing form.
CONTESTED... If the respondent files either an answer or an answer and counterpetition, which
disagrees with or denies anything in your supplemental petition, and 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. Then you should contact the clerk, family law intake staff, or judicial assistant for
instructions on how to set your case for trial (final hearing). If the respondent files an answer
and counterpetition, you should answer the counterpetition within 20 days using an Answer to
Counterpetition, Florida Supreme Court Approved Family Law Form 12.903(d).
Where can I look for more information?
Before proceeding, you should read “General Information for Self-Represented Litigants”
found at the beginning of these forms. The words that are in “bold underline” in these
instructions are defined there. For further information, see chapter 61, Florida Statutes.
Special notes...
If you do not have the money to pay the filing fee, you may obtain an Application for
Determination of Civil Indigent Status from the clerk, fill it out, and the clerk will determine
whether you are eligible to have filing fees deferred.
If there is a domestic violence case and you want to keep your address confidential for safety
reasons, do not enter the address, telephone number, and fax information at the bottom of this
form. Instead, file a Request for Confidential Filing of Address, Florida Supreme Court
Approved Family Law Form 12.980(h).
Instructions for Florida Supreme Court Approved Family Law Form 12.950(d), Supplemental Petition to
Permit Relocation with Child(ren)(09/10)
With this form, you must also file the following:
Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit, Florida
Supreme Court Approved Family Law Form 12.902(d).
Child Support Guidelines Worksheet, Florida Family Law Rules of Procedure Form
12;902(e); (If you do not know the other party’s income, you may file this worksheet after
his or her financial affidavit has been served on you.)
Agreement for Relocation, if you have reached an agreement on any or all of the issues
attach the proposed Agreement For Relocation with Minor Child(ren). Florida Supreme
Court Approved Family Law 12.950(a). Both parties must sign this agreement before a
notary public. Any issues on which you are unable to agree will be considered contested
and settled by the judge at the final hearing.
Notice of Social Security Number, Florida Supreme Court Approved Family Law Form
12.902(j), if not previously filed.
Family Law Financial Affidavit, Florida Family Law Rules of Procedure Form 12.902(b) or (c).
Certificate of Compliance with Mandatory Disclosure, Florida Family Law Rules of
Procedure Form 12.932. (This must be filed within 45 days of service of the supplemental
petition on the respondent, if not filed at the time of the supplemental petition, unless you
and the other party have agreed not to exchange these documents.)
Updating Information. A parent or other person seeking to relocate has a continuing duty to
provide current and updated information required by the relocation statute when that
information becomes known.
Parenting and Time-Sharing... If you and the other parent and every other person entitled to
access to or time-sharing with the child(ren) are unable to agree on the parenting arrangements
and a time-sharing schedule, a judge will decide for you as part of establishing a Parenting Plan.
The judge will decide the parenting arrangements and a time-sharing schedule based upon the
child(ren)’s best interests. Regardless of whether there is an agreement, the court reserves
jurisdiction to modify issues relating to the minor child(ren).
Failure to obtain an Order prior to relocation renders the supplemental petition to relocate
legally insufficient.
The judge may request a parenting plan recommendation or appoint a guardian ad litem in
your case. This means that a neutral person will review your situation and report to the judge
concerning parenting issues. The purpose of such intervention is to be sure that the best
interests of the child(ren) is (are) being served. For more information, you may consult section
61.13, Florida Statutes.
If one has not already been completed, the court may require the completion of a parenting
course before a final hearing is set. You should contact the clerk, family law intake staff, or
judicial assistant about requirements for parenting courses or mediation where you live.
Child Support... The court may order one parent to pay child support to assist the other parent
in meeting the child(ren)’s material needs; Both parents are required to provide financial
support, but one parent may be ordered to pay a portion of his or her support for the child(ren)
Instructions for Florida Supreme Court Approved Family Law Form 12.950(d), Supplemental Petition to
Permit Relocation with Child(ren)(09/10)
to the other parent. Florida has adopted guidelines for determining the amount of child
support to be paid. These guidelines are based on the combined income of both parents and
take into account the financial contributions of both parents. You must file a Family Law
Financial Affidavit, Florida Family Law Rules of Procedure Form 12.902(b) or (c), and the other
parent will be required to do the same. From your financial affidavits, you should be able to
calculate the amount of child support that should be paid using the Child Support Guidelines
Worksheet, Florida Family Law Rules of Procedure Form 12.902(e). Because the child support
guidelines take several factors into consideration, change over time, and vary from state to
state, your child support obligation may be more or less than that of other people in seemingly
similar situations.
Temporary Relief... If you need temporary relief regarding relocation of the minor child(ren),
complete paragraph eleven contained in the Supplemental Petition To Permit Relocation of
Minor Child(ren).
Final Judgment Form... These family law forms contain a Final Judgment/Supplemental Final
Judgment Permitting Relocation, Florida Supreme Court Approved Family Law Form 12.950(i),
which the judge may use. You should check with the clerk, family law intake staff, or judicial
assistant to see if you need to bring it with you to the hearing. If so, you should type or print the
heading, including the circuit, county, case number, division, and the parties’ names, and leave
the rest blank for the judge to complete at your hearing or trial.
Nonlawyer... Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer
helps you fill out these forms, that person must give you a copy of a Disclosure from
Nonlawyer, Florida Family Law Rules of Procedure Form 12.900(a),
before he or she helps you. A nonlawyer helping you fill out these forms also must put his or
her name, address, and telephone number on the bottom of the last page of every form he or
she helps you complete.
Instructions for Florida Supreme Court Approved Family Law Form 12.950(d), Supplemental Petition to
Permit Relocation with Child(ren)(09/10)
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
IN THE CIRCUIT COURT OF THE _____________________ JUDICIAL CIRCUIT,
IN AND FOR ______________________________ COUNTY, FLORIDA
Case No: ________________________
Division: ________________________
_________________________________,
Petitioner,
And
_________________________________,
Respondent.
SUPPLEMENTAL PETITION TO PERMIT RELOCATION WITH MINOR CHILD(REN)
I, {full legal name} _____________________________________, being sworn, certify
that the following information is true:
1. The parties to this action were granted a final judgment of ( ) dissolution of marriage
( ) paternity on {date} _______________. A copy of the final judgment and any
modification(s) is/are attached to this supplemental petition.
2. {If applicable} The following other person is an individual who is not a parent but with
whom the child resides pursuant to court order, or who has the right of access to, time-
sharing with, or visitation with the child(ren)__________________________________.
3. Paragraph(s) _____________________ of the ( ) final judgment or ( ) most recent
modification thereof describes the present custody, visitation, and/or time-sharing ordered.
4. The parties ______have ______have not reached an agreement on relocation. If yes, a copy
of the agreement is attached to this supplemental petition.
5. The parties’ dependent or minor child(ren) is (are):
Name Birth Date
6. Since the final judgment or last modification thereof, there has been a substantial change in
circumstances, requiring a modification of the present visitation or time-sharing schedule
because I seek to relocate my principal residence at least 50 miles from my principal
residence. Pursuant to Section 61.13001(3), Florida Statutes, the following information is
provided:
a. The location of the intended new residence, including the state, city, and physical
address, (if known), is:_____________________________________________________
Instructions for Florida Supreme Court Approved Family Law Form 12.950(d), Supplemental Petition to
Permit Relocation with Child(ren)(09/10)
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
b. The mailing address of the new physical residence, if not the same as the physical
address, is: ______________________________________________________________
c. The home telephone number of the intended new residence, (if known), is: __________
d. The date of the intended move or proposed relocation is: _________________________
7. The specific reasons for the proposed relocation are: ________________________________
Attach additional sheets if necessary.
8. One of the reasons for the proposed relocation is a job offer. [Choose only one] ( ) Yes
( ) No. The job offer is in writing. [Choose only one] ( ) Yes ( ) No. A copy of the written
job offer is attached to this supplemental petition.
9. I ask the Court to modify access and time-sharing as follows:
10. This modification is in the best interests of the child(ren) because: {explain} _____________
11. If the requested modification is granted, Petitioner requests that child support be modified,
consistent with the modification of visitation or time-sharing. A Child Support Guidelines
Worksheet, Florida Family Law Rules of Procedure Form 12.902(e), is, or will be filed.
[Choose only one] ( ) Yes ( ) No.
12. I am requesting a temporary relief hearing to permit relocation prior to the final hearing.
[Choose only one] ( ) Yes ( ) No. If yes, explain why you cannot wait for a final hearing
date.
Instructions for Florida Supreme Court Approved Family Law Form 12.950(d), Supplemental Petition to
Permit Relocation with Child(ren)(09/10)
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
________________________________________________________________________
Failure to obtain an Order prior to relocation renders the supplemental petition to relocate
legally insufficient.
13. A completed Family Law Financial Affidavit, Florida Family Law Rules of Procedure Form
12.902(b) or (c), is, or will be, filed.
14. A completed Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit,
Florida Supreme Court Approved Family Law Form 12.902(d), is filed with this petition.
15. If not previously filed in this case, a completed Notice of Social Security Number, Florida
Supreme Court Approved Family Law Form 12.902(j), is filed with this petition.
16. Other: __________________________________________________________________
A RESPONSE TO THE SUPPLEMENTAL PETITION OBJECTING TO RELOCATION MUST BE
MADE IN WRITING, FILED WITH THE COURT, AND SERVED ON THE PARENT OR OTHER PERSON
SEEKING TO RELOCATE WITHIN 20 DAYS AFTER SERVICE OF THIS SUPPLEMENTAL PETITION TO
RELOCATE. IF YOU FAIL TO TIMELY OBJECT TO THE RELOCATION, THE RELOCATION WILL BE
ALLOWED, UNLESS IT IS NOT IN THE BEST INTERESTS OF THE CHILD, WITHOUT FURTHER NOTICE
AND WITHOUT A HEARING.
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).
I understand that I am swearing or affirming under oath to the truthfulness of the claims
made in this petition and that the punishment for knowingly making a false statement
includes fines and/or imprisonment.
Dated: ______________________ _______________________________________
Signature of PETITIONER
Printed Name: ___________________________
Address:________________________________
City, State, Zip:___________________________
Telephone Number:_______________________
Fax Number: ____________________________
Instructions for Florida Supreme Court Approved Family Law Form 12.950(d), Supplemental Petition to
Permit Relocation with Child(ren)(09/10)
_______________________________________
STATE OF FLORIDA
COUNTY OF ____________________
Sworn to or affirmed and signed before me on ____________ by _________________________.
NOTARY PUBLIC or DEPUTY CLERK
_______________________________________
[Print, type, or stamp commissioned name of
notary or deputy clerk.]
____ Personally known
____ Produced identification
____ Type of identification produced ________________________________
IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS
BELOW: [fill in all blanks]
I, {full legal name and trade name of nonlawyer} ______________________________________,
a nonlawyer, whose address is {street} _______________________, {city} __________________,
{state} ______________,{phone} ______, helped {name} _______________________________,
who is the petitioner, fill out this form.
Instructions for Florida Supreme Court Approved Family Law Form 12.950(d), Supplemental Petition to
Permit Relocation with Child(ren)(09/10)
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INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW (Family Law Attorney Jacksonville, FL)

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