Navigating Child Relocation and Custody Agreements

When a couple has a child together and they then break up, the couple must resolve child custody issues. In Florida, these issues are known as parental responsibility, which refers to the right to make decisions for a child, and time-sharing, which refers to visitation and when each parent will spend time with a child. Child custody issues always have the potential to become complex, but this is especially true when one parent wants to relocate.

Parents want to relocate after a separation for many reasons. When a custody order is in place, however, the parent who wants to move may find themselves somewhat limited. Below, our Orlando relocation lawyer explains in further detail.

What are the Relocation Laws in Florida? 

Under Florida Statute 61.13001, parents who want to move more than 50 miles away for at least 60 consecutive days must obtain permission to do so either from the other parent or the court. The law applies even if there is any type of custody order in place. For example, a mother may have sole custody of her daughter but the father has visitation rights. Even though it is a sole custody situation, the mother must still obtain permission because the move will impact the child’s right to visitation with her father.

Reaching an Agreement with the Non-Moving Parent

If the other parent consents to the move, the parent who wants to relocate can do so. It is critical that a written agreement is drafted and signed by both parties. The agreement should include a detailed parenting plan and time-sharing and transportation arrangements. Once the written agreement is drafted, it is then submitted to the court for approval. It is important to note that until the court has approved the agreement, the current custody order remains in place and violating it has serious consequences.

Steps When the Non-Moving Parent Does Not Agree 

If the non-moving parent does not agree to the relocation, it does not automatically mean the parent who wants to move is prohibited from doing so. The parent who wishes to relocate can petition the court to gain approval. The petition must include the details of the new residence, such as the address and phone number, the date and reason for the move, and a proposed revision of the time-sharing schedule.

After the petition is filed with the court, it must be served to the other parent. After the other parent receives notice, they have 20 days to respond. If they do not, the court may approve the relocation by default. If the parent objects, a court hearing will be held. During the hearing and when reviewing the petition, the judge will only consider what is in the child’s best interests, They will not consider the preferences of the parents.

Call Our Relocation Lawyer in Orlando for Help 

Navigating child relocation and custody agreements is not easy. At Anderson & Ferrin, P.A., our Orlando relocation lawyer can help you through the process and ensure you comply with the law so you do not face harsh consequences. Call us now at 407-412-7041 or contact us online to request a consultation and to get the legal help you need.

Source:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.13001.html