Child Custody Relocation in Jacksonville, FL
Life happens for each and every one of us. There is a wide range of situations which could require a parent who has custody of their child to relocate. Child custody relocation can be a complicated and tricky experience for all of those involved. Depending on the situation, it is imperative that the custodial parent complies with all state statutes and processes when desiring to relocate to avoid any possible violations of the custodial agreement.
Parker & DuFresne is here to provide you representation during these difficult times. Our attorneys have experience representing custodial and non-custodial parents identified in child custody agreements. We will ensure that your rights are heard.
Reasons to Relocate
Child custody relocation can arise for many reasons, including but not limited to; re-marriage, job transfer, school attendance, family support. It is essential to review your parenting plan, visitation schedule, and reasons for the relocation with your attorney.
The process of getting approval to relocate with a child can be complicated. A skilled attorney can help you guide you through the following:
Filing for Relocation
Initially, the filing of a Supplemental Petition to Permit Relocation with Minor Child(ren)is required. This must be filed with the clerk of the circuit court if any of the situations listed below apply.
- The relocation area of the custodial parent is more than 50 miles from the principal residence that was used to establish or modify primary residence, custody, visitation, or time-sharing.
- There has been no order entered granting permission to relocate by the court.
- 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 expressly govern relocation of the children; was entered on or after October 1, 2006; or the custodial parent’s case was pending on October 1, 2009.
Notifying Those Affected
Following the filing of this petition, the parent and anyone else that is entitled to access, time-sharing, custody, or visitation are required to be informed, noticed, and given a set date to respond. This response period allows those affected by child custody relocation a set amount of time to agree or disagree with the petition.
Receiving Your Response
Regardless of the response filed, there must be disclosures made and additional paperwork to be filed prior to a hearing. If the party fails to respond or indicates no objection to the petition, an uncontested hearing will be conducted before the court. Should the opposing party object to the petition, the matter will be contested, and a hearing will be scheduled with the court.
Following the Hearing
After the hearing for child custody relocation, the judge will determine the best course of action. This will be based on the child or children’s best interests. There is not a guarantee that the court will allow relocation, and in Florida specifically, many factors need to be considered during this process.
Child Custody Relocation Attorneys
Parker & DuFresne and our talented team of attorneys will guide you throughout your child custody relocation case. Throughout the entire process, our team will explain the rights of relocation and strive to protect your legal interests and the well-being of your child or children. We provide skilled legal guidance regarding child relocation to clients in Jacksonville and the surrounding areas. Contact Parker & DuFresne today to solve your child custody relocation situation.