Do I need a lawyer for a child custody relocation case?
You are not required to hire a child custody attorney, but it is highly recommended to do so. An experienced attorney should be able to help identify the key issues the judge will be focusing on. A lawyer can also assist with filing the documents on your behalf and navigating the case through court.
How long does a Florida relocation case take?
Under Florida child custody law, you may be entitled to an expedited court hearing within 30 days. Contact a custody lawyer or the court if you need help scheduling a court hearing.
What is a long-distance parenting plan?
These plans are usually required when parents live more than 50 miles apart. Usually, the primary parent will have custody during the school year. The other parent will have custody during the summer and holidays.
Where do I file the relocation case?
Normally, the relocation petition is filed in the same case as the original parenting plan. If you have already moved away, you may need to petition to transfer the case.
Can I leave Florida with my child?
Generally, if there has been a prior custody case filed in court, you will need either the other parent’s permission or court approval before moving more than 50 miles away. The requirement is based on Florida Statute 61.13001.
How do you win a custody relocation case?
The relocation must be in the best interest of the child. Therefore, a relocation case should focus on the improvements the relocation will have on the child’s life. Normally, the relocation request should also provide for time-sharing with the other parent.
Can the father prevent my relocation?
Yes, under Florida Statute 61.13001, approval from the other parent or the court may be required before relocating with a child. If a parent objects to the relocation, the judge will decide the case based on the best interests of the child.
What is Florida law on child custody relocation?
Florida Statute 61.13001 requires approval from the other parent or the court before relocating with a child. However, the Statute does not apply to all custody situations. You should contact a family law attorney for advice about the requirements for your specific case.
