Tampa Parent Relocation Attorney
A divorce brings many changes to a person’s life. It is not uncommon for people to want to leave their city or their state due to a change in employment, to be closer to family, or to simply get a fresh start. While these reasons are understandable, for parents of minor children, relocating after divorce is a bit more complex. There are clear laws on parent relocation in Florida, and certain steps you must take. Below, our Tampa parent relocation attorney explains further.
What is Parent Relocation in Tampa?
Parent relocation is a legal term that refers to when a parent plans to move out of their community, city, or state after a divorce or child custody case. Before any parent can proceed with a move, there are certain steps to take. The first is determining whether the relocation requires legal action. A relocation under state law in Florida is defined as changing the location of the principal residence of a parent or guardian from the location of their principal residence at the time a time-sharing order was last created or modified.
Legal action is only required if the move is 50 miles or more from the original principal residence. The relocation must also occur for a minimum of 60 days and must not be for the purpose of education, vacation, or health care for the child.
Parent Relocation By Agreement
As with most family law cases, parents can reach an agreement about parent relocation. Parental agreements regarding relocation must still follow certain legal requirements. These are as follows:
- Both parents must draft and sign the agreement.
- The agreement must reflect that both parties consent to the relocation.
- The agreement must outline a time-sharing schedule for the parent who is not moving.
- The agreement must provide provisions for transportation arrangements after relocation for time-sharing as outlined in the agreement.
Parent Relocation By Petition
When the parents are unable to reach an agreement, the parent who wishes to move must file a petition essentially asking the court to approve the request to relocate. The petition must include the following:
- A complete description of the new primary residence, including the physical address,
- If different from the physical residence, the new mailing address of the principal residence,
- Telephone number at the new primary residence,
- Date of the planned relocation,
- A complete explanation of the reason for the proposed move, such as a new employment opportunity,
- Proof of reason for the relocation, such as a formal job offer, and
- Proposed time-sharing schedule and transportation arrangements after the move.
Relocation petitions must also contain specific statutory language under Florida law. For this reason, it is always recommended to work with an attorney who can draft your agreement or petition and ensure it complies with state law.
Call Our Parent Relocation Attorney in Tampa Now
Whether you want to relocate with your child, or you want to keep your child close to home, our Tampa parent relocation attorney at Florida Law Advisers, P.A. can help you obtain the most favorable outcome. Call us today at 1 (800) 990-7763 or fill out our online form to schedule a consultation.
