After a parenting plan has been issued in Florida, steps must be taken before relocating with the child. Under Florida child custody law, a relocation means that the party is seeking to relocate with the children at least 50 miles away from their current residence. See Florida child custody law 61.13001. The easiest way how to win a child relocation case in Florida is to obtain consent from the other parent. If both parents agree to the relocation it will make the process a lot easier.
If the parents are not in agreement the court will need to intervene to determine whether or not the proposed relocation is in the child’s best interests. In cases such as these, it is crucial to have a child custody attorney at your side to help win a child relocation case in Florida. If you are contemplating relocating or need to prevent a relocation contact a child custody attorney for assistance.
How to Win a Child Relocation Case in Florida When Both Parents Consent
In petitions for relocation, a Florida family law judge must evaluate the petition to determine if the proposed relocation is in the child’s best interests. If both parents agree to the relocation the judge will very likely grant the request. If there is no agreement on the relocation, the judge will apply Florida child custody law to determine if the relocation should be granted over the non-relocating parent’s objections.
The petition for relocation must include a description of the location of the intended new residence with the mailing address, the home telephone number of the intended new residence, the date of the intended move, the reasons for the intended move, and the post-relocation schedule for time-sharing (Parenting Plan). The petition must then be served on every other person entitled to access to and time-sharing with the child.
How to Win a Child Relocation Case in Florida When the Other Parent Objects
The judge must decide the outcome based on what the judge considers to be in the child’s best interests of the child. Under Florida child custody law, a Florida family law judge may consider the following: (a) the nature, quality, extent of involvement, and duration of the child’s relationship with the parent proposing the relocation and the other parent not relocating, (b) the age and developmental stage of the child, their needs, and the likely impact the relocation will have on the child’s overall development, (c) the feasibility of preserving the relationship between the non-relocating parent and the child through a substitute arrangement taking into account the difficulty the distance will create, (d) if appropriate, the child’s preferences, (e) whether the relocation will enhance the general quality of life for the parent (f) both parent’s reasons for relocating or opposing the relocation, (g) the current employment and economic circumstances of each parent and if the relocation will improve the circumstances, (h) the relocation is sought in good faith, (i) the available opportunities to the objecting parent if the relocation occurs, (j) if there is a history of substance abuse or domestic violence as defined in Florida Statute 741.28, (k) any other factor affecting the best interest of the child or as set forth in Florida Child Custody Law 61.13.
In child custody cases, it is vital to understand how judge’s think and process these sorts of cases. A Florida family law judge will have a lot of discretion on how to apply the factors enumerated in the statute above. An experienced child custody attorney should be able to help present the facts of the case in a way that is most favorable to their client. If you are trying to figure out how to win a child relocation case in Florida contact a child custody law firm for legal counsel.
Don’t Resort to Self Help to Win a Child Relocation Case in Florida
It is highly recommended to not resort to “self-help” when trying to relocate with a child. Self-help refers to taking actions without the approval of the courts, figuring, “I’ll deal with that part later,” or “what they don’t know won’t hurt them.” Moving outside of the fifty-mile radius without first obtaining court approval may be a violation of the parenting plan that can result in changes to your rights and responsibilities as a parent.
Similarly, if your ex relocates without telling you or obtaining court approval you should contact a child custody attorney for help right away. Family law judges do not want a parent to attempt remedy the situation on their own without seeking court intervention. Resorting to self-help can significantly impact your ability to win a child relocation case in Florida.
Tampa Child Custody Law Firm
If you are in the middle of a child custody relocation case or thinking about relocating call us today to speak with a child custody attorney. At Florida Law Advisers, we take these matters very seriously and will stand firm for what is fair. We have years of experience in both advocating for and against relocation. Our professional legal team is dedicated and passionate about these matters and will work tirelessly to help achieve the outcome you desire. To speak with a Tampa family law attorney at our firm call us today at 800 990 7763, we are available to answer your calls 24/7.