Life happens for each and every one of us. There are so many things which could require a parent who has custody of their child to relocate.
This can be a tough time for all of those involved.
It is vital that the custodial parent complies with all laws when they want to relocate to avoid any violations.
We are here to provide you representation during these hard times.
Our lawyers support both custodial and non-custodial parents in child custody agreements.
Reasons to Relocate
Child custody relocation can arise for many reasons such as re-marriage, job transfer, school, family support.
It is key to review your parenting plan, visitation schedule, and reasons for moving with your attorney.
Both parents need to work together to come to a reasonable agreement. Likewise, both parents must sign the order, which should include these terms.
- Both parents agree to the relocation
- A time-sharing schedule for the non-relocating parent, and
- Transportation of the child for visitation periods.
Relocation Process
The process can be tough. A skilled lawyer can help guide you through the process:
Filing
Initially, the filing of a Supplemental Petition to Permit Relocation with Minor Child(ren) is required, which must be filed with the clerk of the circuit court. Here are the rules that apply.
- The new home is more than 50 miles from the residence that was used to establish or modify primary residence, custody, visitation, or time-sharing.
- Excluding vacation, education, or healthcare absences, the relocation will be over 60 consecutive days or more.
- The custodial parent’s court order dealing with custody, primary residence, visitation, time-sharing, or parenting plan was entered before October 1, 2009, and the order does not govern relocation of the children. The order was entered on or after October 1, 2006, or the custodial parent’s case was pending on October 1, 2009.
Notifying Those Affected
After the filing, the parent and anyone else that is entitled to access, time-sharing, custody, or visitation must be informed, noticed, and given a set date to respond. This allows a set amount of time to agree or disagree with the petition.
Receiving Your Response
If the party fails to respond or has no objection to the petition, an uncontested hearing will be conducted before the court.
If the party responds with an objection, a hearing will be scheduled with the court.
After the Hearing
After the hearing, the judge will decide the best course of action. This will be based on the child or children’s best interests. There is no guarantee that the court will allow relocation.
In Florida, many factors need to be weighed during this process.
Child Custody Relocation Attorneys
Our team of lawyers will guide you through your child custody relocation case. Likewise, through the entire process, our team will explain your rights and strive to protect your rights and the well-being of your child or children.
So, we provide skilled legal guidance to clients in and around the Jacksonville area.
Contact us today to solve your child custody relocation issues.
