Child Relocation in Florida
By Hutchinson Law
Mar. 3, 2011 1:46p
On October 1, 2006, the state of Florida enacted a new Relocation Statute which restricted how far the custodial parent (now referred to as the majority time share parent) is allowed to move away from the non-custodial parent’s home. The majority time share parent cannot move farther than 50 miles away from the non-custodial parent’s residence without either the non-custodial parent’s approval or the court’s approval. Before Florida Statute 61.13001 was passed, the custodial parent could move virtually anywhere within the state without needing the consent of the other parent or the family court.
In the past the term “relocation” was interpreted as moving out of state. With the 2006 changes to parental relocation laws, the term now defines relocating as moving more than 50 miles from the non-custodial parent’s residence. If a custodial parent wants to move more than 50 miles away from the non-custodial parent, they are now required to serve a Notice of Intent to Relocate to the other parent and they must prove why relocation should be granted. If you are looking to relocate, or if the other parent is attempting to relocate, you should speak with a
family law attorney
for assistance.
Non-custodial Parent’s Rights
For some parents, coming to an agreement about parent and child relocation will not be a problem, for others, having a custodial parent move can pose significant problems for the non-custodial parent. In some cases, the non-custodial parent may feel that such a move would put a wedge in their relationship with their child and or, pose problems for visitation with the grandparents.
Non-custodial parents have the legal right to file a written response within 30 days; in addition, they can exercise their right to an evidentiary hearing. In the hearing, witnesses can be used for testimony and documents can be introduced as evidence. The Notice of Intent to Relocate must include: a description of the neighborhood, the new address, the new phone number, the date of the proposed move, the reasons for moving, if the reason is based on a job offer; there must be proof in writing and there must be a proposed visitation schedule and transportation arrangements. Parental/Child relocation is handled on a case by case basis, the more facts you have in order to support your case, the better chance you have at having the judge make a determination in your favor.
If you are looking at relocating or challenging a request for relocation, contact a Jacksonville parent/child relocation attorney from Hutchinson Law.
Contact a Jacksonville parent/child relocation lawyer
from our firm today for a free initial consultation.
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