Florida, to NC Relocation of of State

[sarahbeth]

Location: Florida (for last 18 months)

The problem:
Two things happened in the last week

1. I was notified my job is set to be outsourced soon. No set time frame, but the last group was given 15 minutes to clean out their desks with no notice.

2. We were evicted from the home we live in. (The house I am leasing aparently went into forclosure, we were never notified until the cops showed up with the new owners giving us 6 days to leave, we have 4 left).

3. No Money - with no notice, i had no oppurtunity to save money to prepare. (Florida has some of the lowest pay rates in the country. I had the same Job in Charlotte NC for over a decade with one company and was making 3 times what I do here.)

4. No family - My mom recently passed away, so the children and I have no family in the area to assist with anything.

Currently:
Housing: Over the last week I have been trying to find housing.... My current job requires I live in a very specific location, in which the average rent is around 1800 a month, over twice what I pay now. So finding a new home has proved not possible.

Job: Finding new employment has proved near impossible as well. The industry I have always worked in for my entire life is very specialize and their is no availability of thos epositions in this area, nor do I have any other skills to go to another company for any reasonable wage taht would allow me to care for my family.

So here is the issue.

I have a ton of family in North Carolina. Free house avaialbel as well in a great area, great schools. My old employer is willing to rehire me and let me pick up where I left off in my 10 years with them. The kids grew up in North Carolina and are every excited to go back home.

I need to move. Catch is, they want me to start in 4 days or not at all.

The problem is the ex. He is very vengful and cruel. In our divorce hearing he told the judge his only mission in life is to bankrupt me and ruin my life.

I mailed him saying I would pay all transportation costs, give him more time with the kids then he is awarded in our decree currently. (88 days a year, instead of his current 60) As well as to provide unlimited contact via any source he wished (skype, email, test, cell). In addition, if he was in North Carolina, he could have the children anytime he wanted for visitation.

basicly, I gave him everything imaginable, but primary Custody.

His answer via email was short and sweet, simply said "I would rather the you and the kids be homeless than to ever agree to you moving and getting your old job back"

the bigger problem.

I have a new job, new house, all set in the next 4 days.
I have no money to hire an attorney or pay court costs (over 400 jsut to file)
the kids and I have no where to live if we even could wait to have a court decide this issue.

I dont want to just leave in a couple days, let the kids start their new school, and then have Florida hunt me down for kidnapping or something, but I dont see where I have any choices.

I am so lost, the kids and I wil be on the street in a few days, and I have no idea what to do. I talked to two attorneys this week, both immediatly said 2500 please for a retainer, who is this economy has that kind of money jsut lying around????

Please help! I dont knwo what to do!

 

[army judge]

Location: Florida (for last 18 months)

The problem:
Two things happened in the last week

1. I was notified my job is set to be outsourced soon. No set time frame, but the last group was given 15 minutes to clean out their desks with no notice.

I'm so sorry to hear of the troubles you're facing.
Your post was a long one, so I've chosen to address it in chunks.
So, let's start with your first two queries.
Well, nothing I can do about that, nor can you.
You've noted it, so just be ready, should it happen.

2. We were evicted from the home we live in. (The house I am leasing aparently went into forclosure, we were never notified until the cops showed up with the new owners giving us 6 days to leave, we have 4 left).

Please help! I don't know what to do!

Well, this one is easy to solve.
First of all, ONLY a judge can order you to leave your home.
The NEW owner is trying to bully and intimidate you into leaving.
You are in legal and lawful possession of your home.
You ONLY have to leave, if you choose to leave.
Most people in your position, stay put.

The prior owner may have defaulted, but you haven't.

Have you been paying rent to the old owner?
Are you behind in your rent to the old owner?
(It really doesn't matter, but it could help. Because, if you are, just forget about it.)

When the owner comes back, tell him you've spoken to an attorney, and you won't be leaving.
Advise him further, that he can choose to buy you out of your lease (and keys) for $X,XXX.
Now, the XXXX is up to you.
Most people do something like this: Rent = $500, so they ask for 3 * 500 + $1000-2000,
You do your own math.

Some people simply ask for one month's rent, the deposit returned, first month's rent at new place, plus new deposit, plus moving costs, and 30 days to secure a new apartment (rent free)!

 

[sarahbeth]

When the sheriff arived he was holding a writ of eviction from the county court. I was told by an attorney (the one that would talk to me for free) that since the new owner intends for the house to be his primary residence AND my lease was signed 1 week after forclosure proceedings started that my lease isn't binding and I have no recourse but to move or be tossed in the street.

 

[army judge]

Okay, so you must be in NC in four days.

You don't have family to keep the kids in Florida.

Do you have friends who would be willing to watch the kids for a month?

In that month, you can secure counsel (or file the pleadings yourself) to be allowed to take the kids to NC.

Barring that, ask the new employer if you can have an additional 7 to 14 days to make the move.

This will allow you time to do more thinking, seek more solutions.

You can investigate what it would cost to have someone care for the kids in their home, until the court matters have been determined.

Whatever you do, don't take the kids out of state, without court approval.

As you don't have to pay rent (in the short term), and you don't have to leave the premises in two days, you can save some money for the move.

You can also start the court action.

But, before that, what exactly does thE court order say about custody?

What does it say about where the kids MUST reside?

 

[army judge]

When the sheriff arived he was holding a writ of eviction from the county court. I was told by an attorney (the one that would talk to me for free) that since the new owner intends for the house to be his primary residence AND my lease was signed 1 week after forclosure proceedings started that my lease isn't binding and I have no recourse but to move or be tossed in the street.

You didn't know about the eviction.

You're also entitled to a hearing.

Did they leave you a copy of teh eviction order?

No.

Because the eviction order was for the prior owner, not you.

Don't voluntarily leave.

You haven't been evicted.

People don't get evicted in absentia.

You must be served, get time to answer, and then you get a hearing.

Even if you lose, you get time after the hearing and adverse ruling to vacate.

The entire process takes anywhere form 4-8 weeks.

 

[sarahbeth]

No friends or family in the area (just moved here 18 months ago)
Joint custody, me primary with sole decision making rights
No stipulation what so ever as to where we can live.

The employer I will be going back to is one of the largest employers in the world so they have absolutly no flexibility in their HR department (not to mention the union contract). After working for them over 10 years the one thing I can say with great confidence is that they have the highest pay rate in almost any industry, best benefits, BUT absolutly no flexibility.

Per the lawyer I talked to, i have no right what so ever to be in the house as I do not, not never had a legal lease. (something that once the forclusre started, the owner was specificly prevented from entering into a contract to lease the home, so my lease is not valid.)

Could I fight the eviction point, sure, if I had money to hire an attorney.

the big issue is how to handle everything else. My kids must have a roof over their heads, food in their tummys, and a family that loves them. Remaining where I am I have no way to provide a roof over their heads.

11 an hour (what i make) in Florida is pretty good pay. My rate of pay in NC will be 32.00 an hour, 401k, pension, benefits free effective day 1, and i get my tens years of senority back.

this job issue and free house is a really really big deal.
What is even more important is that in the case of an emergency, I have no help here. if i am hopsitilized, i have no one to watch the kids. (I was hopsitalized last year, asked exhusband to help with kids, he said they were my problem, luckily I had an aunt visiting the beaches an hour away who came over to watched the kids after school until I was able to leave.)

 

[army judge]

No friends or family in the area (just moved here 18 months ago)
Joint custody, me primary with sole decision making rights
No stipulation what so ever as to where we can live.

If the custody order doesn't specifically state where the children MUST reside, you can take them to NC.

If that creature that fathered them desires to make a fuss, you'll eventually have to return to Florida to answer his contempt motion.

You would be very wise to retain counsel in NC, before he gets counsel in FL.

Otherwise, go if things are as you say.

Just be prepared to one day return, if the creature fights this.

Who knows, he may just fade away.

By the way, what does teh decree or court order say about child support?

 

[Proserpina]

Is there a reason why Dad wouldn't be able to have primary custody?

 

[irish223]

Is there a reason why Dad wouldn't be able to have primary custody?

If these are any indication, it doesn't seem he would want it:

I was hopsitalized last year, asked exhusband to help with kids, he said they were my problem,

and

"I would rather the you and the kids be homeless than to ever agree to you moving and getting your old job back"

It's also not true that you can move the children simply because your decree doesn't mention relocation (if you were divorced in Florida):

http://www.leg.state.fl.us/Statutes...=&URL=0000-0099/0061/Sections/0061.13001.html

You may be able to get a temporary order allowing you to relocate and hope that your ex doesn't file a response. However, I doubt that you can accomplish all that's required in the next 4 days, especially without an attorney.

I'm curious though. Were you divorced in Florida? You've only been there 18 months, your ex refused to help with the children when you were hospitalized at least 9 months ago, so are you saying that you moved there and were divorced within the first 9 months of your residence? With minor children and a contentious divorce, that seems unbelievably quick.