Relocation with a child can be a complex issue that arises after divorce or separation. In Florida, specific laws and guidelines govern the process of relocating with a child, which is why in this article we’ll provide an overview of the legal framework and considerations involved when seeking permission for relocating with a child.
Understanding Relocation Laws in Florida
Relocation refers to the proposed move of a custodial parent with a child to a location that significantly impacts the current visitation or parenting plan. In Florida, the relocation process is governed by statute, which requires the custodial parent to obtain consent from the other parent or seek approval from the court before relocating with the child.
The custodial parent seeking to relocate must provide written notice to the other parent, detailing the proposed move, the reasons for relocation, and the new address. The notice must be provided within a specific timeframe, which is usually 60 days before the intended move unless there are exceptional circumstances that require a shorter notice period.
The Best Interests of the Child
When considering a relocation request, the court in Florida will focus on the best interests of the child. The custodial parent must demonstrate that the proposed relocation is in the child's best interests, taking into account various factors such as the child's relationship with both parents, the educational opportunities available in the new location, the impact on the child's emotional well-being, and the ability to maintain a meaningful relationship with the noncustodial parent.
Obtaining the court’s approval
If the noncustodial parent agrees to the relocation attorney Orlando, a written agreement can be submitted to the court for approval. However, if the noncustodial parent objects or fails to respond within a specific timeframe, the custodial parent must file a petition with the court seeking permission for relocation. The court will evaluate the circumstances and make a decision based on various factors, including the reasons for the proposed move, the child's current relationship with each parent, the impact on visitation and parenting plans, the child's educational and social needs, and the ability of both parents to facilitate ongoing contact and co-parent effectively.
It is also important to mention that relocation may require modifications to existing parenting plans or visitation schedules. The court will consider adjustments that accommodate the new circumstances and aim to maintain a meaningful relationship between the child and the noncustodial parent.
Visit https://www.jjlawfl.com/