Things to Know About Child Custody and Child Relocation
Child custody matters in Florida can be complex. When a custodial parent wants to move more than 50 miles with their child for more than 60 days, they are required by law to notify the other parent. They must also obtain the other parent’s consent. If the other parent does not consent to the move, the parent who wishes to relocate must obtain a court order. There are many different possible outcomes, including a possible legal battle. Below, our Tampa child relocation attorney explains in further detail.
When Parents Agree
If both parents agree to the relocation, they must draft a written agreement and submit it to the court. The agreement must clearly state that the non-relocating parent agrees to the move as well as any changes that will have to be made to the custody and visitation schedule. The agreement should also include provisions for transportation, including which parent will provide it and pay any necessary fees. If another person has visitation rights, such as a grandparent, they must also agree to the relocation in the written plan.
When Parents Disagree
If the parent who is not relocating does not agree to the move, the parent who wants to relocate must obtain court approval. To do this, the moving parent must file a petition with the court. The petition should include all relevant information, including:
- The reason for the move
- The specific new location of the child and relocating parent, including the mailing address and phone number, if this information is available
- A proposal regarding visitation and parenting time schedules after the move
- Notice informing the non-moving parent of the move and instructions for objecting to the petition
When a non-custodial parent does not respond to the petition, the family law judge will typically allow the move to occur if it is in the child’s best interests. If the parent who is not moving does respond and objects, a hearing or trial will be held after which, the judge will make the final decision.
How Does the Court Decide?
All family law judges in Florida make child custody decisions based on what is in the child’s best interests. This means judges will only consider how relocating may impact the child’s relationship with their friends or family members, as well as how the move will affect the child’s physical, mental, and emotional health and development. Judges will also consider the reason for the move, along with the non-custodial parent’s reason for objecting to the move.
Our Child Relocation Attorney in Tampa Can Advise On Your Case
Whether you want to relocate with your child, or you do not agree with a move, our Tampa child relocation attorney can help. At Florida Law Advisers, P.A., our experienced attorney can help you negotiate a written agreement, file a petition with the court, and represent you at trial, if necessary. Call us today at 1 (800) 990-7763 or contact us online to schedule a consultation and to get the legal help you need.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.13.html
