Winter Park Relocation Lawyer
Historically, parents who were awarded primary custody could relocate relatively easily with their child, even when they moved out of state. In October of 2006 though, there was an amendment made to Florida law. Now, parents who wish to relocate with their child after divorce face much stricter guidelines. Regardless of whether you wish to move with your child, or you are trying to stop a relocation, it is critical that you work with a Winter Park relocation lawyer. A lawyer will advise on the requirements you must meet and give you the best chance of a successful outcome with your case.
Florida Law on Relocation
When parental responsibilities and time-sharing matters are initially resolved, two important factors are considered. These are the location of the child and the ease with which the child can move from one home to another. When the two parents live in the same city, the distance between the two homes is not a significant factor. However, when a parent wants to relocate with their child to another city or another state, that parent must prove the move is in the best interests of the child.
The Florida statutes require the family courts to take a number of factors into consideration when making decisions about relocation. The law outlines these factors to make sure that any parent wishing to relocate with a child takes their best interests into account. The factors a family law judge will consider are as follows:
- The parents’ current adherence of the visitation plan
- The relationship between the child and the parent who is not relocating
- The emotional and financial stability of each parent
- The age of the child
- The amount of time the parent not relocating will spend with the child
- The ability to make modifications to the current parenting and time-sharing plan
Contested vs. Uncontested Relocations
In the simplest of cases, the two parents involved can reach an agreement about relocation. A new parenting and time-sharing plan should be included in the agreement. The parent who is not relocating should still be able to spend time with the child regularly. The parenting plan should also include details about who will pay for transportation of the child, and how that will work. For example, very small children cannot travel by themselves, so a plan should address this issue.
When parents cannot agree about relocation, the parent who wishes to move must serve the non-relocating parent with a notice of intent. The recipient of the notice must then reply within 30 days after which the court will schedule a hearing. Timelines should be followed meticulously and the court will take many factors into consideration, including any arguments made by each side.
Our Relocation Lawyer in Winter Park Can Help with Your Case
If you want to move with your child and there is a current custody order in place, or you want to contest a move proposed by your former spouse, our Winter Park relocation lawyer can help. At Anderson & Ferrin, we know the complexities these cases can present, and how to overcome them so you achieve the best possible outcome. Call us today at 407-412-7041 or contact us online to schedule a free consultation.