When you share custody of a minor child, complex child custody and visitation problems often arise—and child relocation issues are chief among them. In the state of Florida, parents who share custody sometimes find themselves in precarious situations when one of the parents wishes to move to another city, state, or even out of the country. Florida courts have traditionally restricted the movement of custodial parents when they seek to move away from the area where the other parent lives. If you are in the midst of a child relocation problem—whether you’re looking to move or you want to protect your rights as a noncustodial parent—your first call should be to a Fort Lauderdale child relocation attorney.
Florida’s Restrictions on Moving for Custodial Parents
When courts decide child custody in Florida, they take several factors into account with the best interests of the child being chief among them. The courts have historically determined that the child’s interests are best served when parents are both active participants in their children’s lives—and distance can sometimes hamper that closeness.
Florida’s parental relocation statute, 61.13, offers a strict definition of parental relocation—it is 50 miles or more from the other parent’s home. Moves that meet this definition must be planned in advance if the custodial parent plans to live at the new address for 60 or more consecutive days. The moving parent must notify the other parent of the intent to relocate in advance, providing the new address, neighborhood and area description, date of the proposed move, the reason for the move, and a proposed schedule for parenting.
Convincing the courts to grant relocation privileges can be tough, particularly if the non-relocating parent has proven to be an active participant in the life of the child. Getting the court to sign off on relocation is much easier, however, if an amicable agreement between the relocating and non-relocating parent can be reached. The plan presented by the parents must be one that the courts find to be both reasonable and fair, such as a plan that includes a monetary contribution to the non-relocating parent to make commuting to see the child more financially feasible.
Any disagreements between parents when it comes to relocation must be ironed out in family court. When this happens, the family court usually issues a temporary custody order and either grants or denies the parent’s relocation request for a temporary time period pending a final hearing on the matter.
Need Help With Child Relocation?
If you are thinking about relocating with your child, or if the child’s other parent is considering relocation, The Law Office of Gustavo E. Frances can help you preserve your parental rights and ensure that your child’s best interests are served. Reach out to a competent, compassionate, and understanding Fort Lauderdale child relocation lawyer now to get a better understanding of your rights and options. Contact us for a free consultation by clicking here or calling 954-533-2756.
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