Child Custody: Florida Relocation Laws
Relocation of the custodial parent in Florida requires legal intervention of a court. The custodial and noncustodial parent must work together to create a plan that works for their child.
November 21, 2012
Shared parenting plans can be very difficult to develop and carry out. However, parenting strategies become even more complex when one parent moves far away. Nevertheless, people experience life changes all of the time, such as a new job.Relocation of the custodial parent
If a custodial parent (parent with physical custody) in Florida wants to move more than 50 miles away for a period beyond 60 days, he or she must notify the other parent before doing so.
If the noncustodial parent agrees to the move after notification, the parents must file a written agreement with the court. In cases where the parents cannot agree, the judge will initiate a hearing to decide whether the parent may move. Ultimately, the court will look to the best interests of the child. If the court feels that the move will negatively impact the child or the child's relationship with a parent, the judge may not approve the relocation.
Relocation of the custodial and noncustodial parent
If both parents plan to relocate, they must file a written agreement with the court. The agreement should include specifics such as the noncustodial parent's consent to the move and any modifications in the child's visitation schedule.
Even if the parents agree on everything, the court must approve the relocation proposal before the custodial parent moves. This is to ensure that the child's best interests are taken into account.
Opposing the relocation plan of the custodial parent
In a perfect world, parents would get along and mutually agree to the move of the custodial parent. However, this does not always happen -- nor is a move always in the best interests of a child. If the noncustodial parent opposes the move, the custodial parent must file a petition for relocation with the court.
The petition must include:
- The purpose or reason for the move (if the relocation is for a job offer, a copy of a written offer must be included in the petition)
- The location, mailing address and telephone number of the new home
- The date of the proposed move
- A proposal for parenting and visitation schedules subsequent to the move (including transportation arrangements)
- A notice to the noncustodial parent, which provides information on how to legally oppose the petition
In most cases, if the noncustodial parent fails to answer the petition, the judge will presume the move is in the child's best interests and will grant the relocation request. If he or she opposes the move, a hearing will be granted on the issue.
The hearing
In making a ruling on the issue of relocation, a Florida judge will have to determine what is best for the child. If moving away from friends and family will create a traumatic experience for the child, the court may not permit the relocation.
Ultimately a judge will consider various factors when making a ruling, including the following:
- The child's relationship with each parent and others
- The emotional, physical, mental and developmental impact of a move on the child
- The purpose of the move
- The child's preference
These are just some of the issues considered by a family law judge.
If you anticipate a change in your parenting plan, you may want to contact an experienced family law attorney. A lawyer can help you sort through family issues and assist you with the legal plan of your child's future.
Article provided by Law Offices of David T. Agoston, P.A.
Visit us at www.davidagostonlawfirm.com