Today, more than ever, we live in a society where location change is quite frequent. People get job offers from other states; they might start a new relationship or be presented with new life opportunities that would require relocation. If you have primary custody or majority time sharing of your child after you and your spouse have been divorced in Florida or a Parenting Plan is in place in a paternity action, there are some important laws the need to be followed. These laws have been put in place to protect both the children and the parents.
If you are considering relocation, some things you should know include:
- The Florida statutes section 61.13001 states that if the parent who is named by court order or express agreement and is entitled to access or time-sharing of the child is looking to move more than 50 miles from their current residence, they need to obtain a court order or written agreement from the other parent.
- Each parent has legal rights when it comes to visitation/custody and the opinions of both parents need to be consulted when contemplating a big move.
- If the parent with majority timesharing decides to move without obtaining the proper agreement, that parent could be held in contempt of court or could lose their majority status.
- If the majority parent files a relocation petition and the other parent fails to respond in time, the non-responding parent can lose their right to dispute the move.
- The history of compliance with court orders by either party may be relevant.
Are you the parent who is seeking to relocate?
If you are the majority time-sharing parenting (previously described as the primary residential parent), and you believe you have a good reason for wanting to move out of the area, you need to consult with a relocation attorney. There may be preliminary steps to take to facilitate the relocation. You need to fully understand the relocation statute and requirements.
Are you the parent who is not the majority time-sharing parent?
If you are the parent who is not the majority time-sharing parent and the other parent is seeking to relocate, it is important to have a relocation attorney who is experienced in relocation cases as there may be time sensitive response requirements. If you do not respond timely, you may waive your rights.
Relocation Child Custody Lawyer Tampa
At Hughes Law Group we have experience in representing the relocating and the in-state objecting parent. There are important steps that need to be taken to set up the case for relocation as well as to preserve the relationship between the stay-behind-parent and the child. These cases are often highly emotional and fact intensive.
Schedule a consultation
When you are facing a family law issue, you need a dedicated advocate who truly cares about your needs and is experienced in handling them properly. Contact Hughes Law Group today. We will take the time to listen to your story and strategize towards resolving your family law issues together. Make the right move. We look forward to the opportunity to serve you!