Orlando Child Relocation Attorney
After a divorce, it’s not uncommon for one party to move outside the city, county, or even the state. They may want to move for a new job or to be closer to family.
While this may not be an issue in many cases, it can be a tough situation when children are involved and both parents have custody. What happens if one parent wants to move? Will they be allowed to do so?
Each state has laws in place regarding relocation. What are the laws in Florida? Orlando child relocation attorney Steve W. Marsee, P.A. Attorney at Law can help you understand what you need to know as a parent.
What is Relocation?
First, you need to understand what the state defines location. If you want to move down the street or to the next neighborhood over, that’s not considered a relocation. Instead, you need to focus on two numbers: 50 and 60. Florida law defines a relocation as moving more than 50 miles away for a period of more than 60 days. A relocation is not a temporary move or vacation.
If a parent decides to relocate, the other parent can agree or disagree. If they agree, both parents should sign an agreement that outlines the move as well as the new custody arrangements. This agreement should include a timesharing schedule and outline how the parents will handle transportation pertaining to the relocation. The parents can then file the agreement with the court without having to attend a hearing.
If the non-relocating parent does not agree to the relocation, the relocating parent must file a petition to relocate. The court will serve the petition on the other parent. The petition must include:
- Address and phone number of the new location
- Date of the proposed relocation
- Reasons for the relocation
- Proposed visitation schedule after relocation
- Proposed transportation plan
The non-relocating parent has 20 days to respond to the notice. If the non-relocating parent fails to respond, the court can automatically grant the relocation request without a hearing. Therefore, the non-relocating parent should respond quickly with reasons why the move shouldn’t be allowed.
Determining the Best Interests of the Child
When making a decision, the court will determine the best interests of the children, which may include:
- The child’s relationship with both parents
- The child’s age and current needs
- The impact the move will have on the child
- The cost and logistics to maintain visitation between the child and non-relocating parent
- The reasons for and against the move
- The non-relocating parent’s compliance with child support
- The child’s preference
Contact Us Today
It can be devastating when the other parent wants to relocate with your child. However, there are many factors that will be kept in mind to ensure that the move is beneficial for all involved.
Contact Orlando child relocation attorney Steve W. Marsee, P.A. Attorney at Law for help with your relocation case. We can determine if the move will be in the best interests of your child. Call 407-521-7171 or fill out the online form to schedule a consultation.