Maitland Relocation Lawyer
There are a number of reasons why a parent would decide to relocate with his or her children. Perhaps he or she has remarried, obtained new employment, or wants to be closer to extended family members. Whatever the case, it is important for co-parents to understand that relocation isn’t as simple as picking up and moving. Instead, parents who share custody will need to reach an outside agreement in which both parties consent to the move, or if such an agreement is not possible, seek approval from the court. Both of these methods can be complicated, so if you or a former partner are considering relocating with your child, it is important to speak with an experienced Maitland relocation lawyer who can advise you.
What Qualifies as Relocation?
Under Florida law, a move will only be considered a relocation (for child custody purposes) if the new home is at least 50 miles away from the former residence and will last longer than 60 consecutive days. A temporary absence for vacation, education purposes, or to obtain healthcare-related treatment for a child won’t qualify as relocation. Moving outside this 50 miles boundary will necessitate either an official agreement between the parents or the filing of a relocation petition.
Obtaining Parental Consent
There are two main ways to obtain permission to relocate with a child when two parties share custody. The first involves obtaining the consent of the other parent. Parents who reach an outside agreement on relocation will still need to file a parenting plan with the court explaining how time sharing and transportation issues will be affected and see ratification by the court. Unless one of the parents specifically requests it, the court won’t usually hold an evidentiary hearing on the issue, but will assume that relocation is in the child’s best interests.
Filing a Petition to Relocate
If a relocating parent’s former partner won’t agree to a child’s relocation, then the party who wishes to move will need to file a Petition to Relocate with the court. These petitions will require the inclusion of certain information, including:
- The proposed new address;
- The proposed moving date;
- A post-relocation visitation schedule; and
- Details regarding the reason for relocation.
After serving this petition on the court and the child’s other parent, the petitioner will need to wait 20 days, during which time the other parent can file an objection. If no objection is filed, a judge will likely approve the move if it is deemed in the best interests of the child. If, however, an objection is filed, then the court will hold a hearing where both parents will have the opportunity to present their arguments on whether or not the move is appropriate.
Call Today for Legal Assistance
Whether you’re attempting to relocate with your child, or a co-parent wishes to do so, it’s important to understand Florida law regarding parental relocation. An experienced Maitland relocation lawyer can provide invaluable guidance on these issues, so if you have questions about your own rights and obligations when it comes to relocating with your child, don’t hesitate to call Anderson and Ferrin at 407-412-7041 today.
