Florida Parental Relocation Attorney
Florida Relocation Problems – Avoidance and Resolution
The parenting plan presented to the family court will specify detailed rights, responsibilities, and logistical considerations concerning each divorced parent’s access to the children, subject to minor adjustments as needs and circumstances change over time. If a majority time share parent proposes to relocate more than 50 miles from their current residence with a child, Florida law requires the parent desiring to relocate to follow a procedure set forth in the applicable statute. If procedures are not followed, the parent may face serious ramifications that can affect his or her parental access. The basis for these procedures is the Court’s desire to allow the non-majority time share parent to maintain his or her access to the child as provided in the original parenting plan.
Call (904) 306-9926 for a Family Law Attorney’s Advice About Florida Parental Relocation
If you need advice about your rights on either side of a proposal to relocate with a child, contact Sharon B. Johnson, P.A., to discuss your situation with a Jacksonville parental relocation attorney.
If you are the parent proposing relocation with a child, you should understand right away that court permission is necessary and may likely be difficult to obtain if the other parent opposes the move. Another option is to negotiate for the other parent’s consent. The court must still find that the relocation is in the child’s best interest, but at least you won’t need to refute opposing arguments.
Requirements in Florida Relocation Cases
Under Florida’s new parental relocation statute, if a parent wishes to move the child’s primary residence (of more than 50 miles), the parent must first obtain written consent of the other parent or obtain the court’s approval.
• Parental relocation agreements: If the other parent agrees to the relocation, it is necessary to establish a written agreement that not only establishes his or her approval, but also addresses how parental access will be maintained for the non-relocating parent. The agreement should address how the parenting plan is to be modified, i.e., how holidays and school vacations will be divided and other changes in the visitation/time-sharing schedule. Additionally, it should address how travel costs will be allocated. Finally, the relocation agreement must be approved by the court.
• Contested parental relocations: A parent wishing to relocate must first provide the other parent with appropriate notification and allow sufficient time for the parent to object to the relocation. The details are contained within the relocation statute. If the other parent contests the relocation request, the parent wishing to relocate must request the permission of the court. The court will consider many factors, including the reasons for the move, the relationships between each parent and the child, the time spent by the non-relocating parent with the child, whether the move will enhance the quality of life for the parent and child, the effect of relocation on visitation/time-sharing, and other factors affecting the best interests of the child. While decisions are made on a case-by-case basis, in most cases, if the non-relocating parent is an involved parent, the court will likely not approve a relocation/time-sharing, and other factors affecting the best interests of the child. While decisions are made on a case-by-case basis, in most cases, if the non-relocating parent is an involved parent, the court will likely not approve a relocation.
It is important to have experienced legal counsel whether you are seeking to relocate or you are challenging a relocation request by the other parent.
Child Relocation Attorney Serving Clients in Jacksonville including Duval, St. Johns, and Clay Counties
Whether your rights as a parent are covered under a child custody and visitation agreement or a recent parenting plan, Sharon B. Johnson, P.A., can protect your interests in court and advise you about your options. For additional information, contact our Jacksonville office.
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