Relocation
Florida has become more stringent about allowing the custodial parent to relocate with the children. This new Statute became effective October of 2006. The Relocation statute acknowledges the non-custodial parent has rights and can withhold permission for the relocation. It is important to speak with an attorney with the knowledge and experience in parental relocation law. Call Anne E. Raduns, P.A. for a low cost initial consultation.
For divorced parents, the care of their children is an issue that can resurface after a divorce settlement agreement or divorce decree has been reached. Parental relocation even affects Paternity cases. Parental relocation is an issue that frequently arises because of job opportunities, family responsibilities and other events.
The law office of Anne E. Raduns, P.A. asserts and protects the rights of custodial and non-custodial parents in parental relocation matters in North Central Florida and the surrounding areas.
Whether you are a parent trying to move away with your child, or a parent trying to prevent child removal, it is critically important to seek legal advice from a knowledgeable family law attorney as soon as possible. Parental relocation disputes are complex. Without experienced legal representation, you may run the risk of losing your parental relocation battle.
At the law office of Anne E. Raduns, P.A. we represent clients who are involved in parental relocation cases. Whether you wish to move away with your child or you are contesting the removal of a minor child, we can help.
When child custody and visitation agreements are made, the location of the parents and the ease of moving a child from one home to the other are taken into account. If both parents live in the same city, distance is generally not a significant factor. However, if the parent with the most parenting time wants to move to another city or out of state, he or she must prove it is in the best interest of the child according to Florida statue § 61.1300.
Judges take into account a number of statutory factors before allowing the parent seeking to move to relocate out of state with the child. These factors ensure a parent does not move without consideration of the overall best interests of his or her children. Some factors used in determining whether relocation is appropriate include:
- Adherence with the current visitation plan
- Relationship between the child and the non-moving parent
- Financial and emotional stability of the parents
- Age of child
- Ability to modify the Parenting and Time sharing plan
- Amount of time the non-moving parent has with the child
Our firm can help you understand Florida Statute § 61.13001, which states that custodial parents who want to move more than 50 miles from their current residence must follow a specific procedure. Vacation or other temporary removals from the primary custodial residence are not governed by this law.
If the proposed relocation is uncontested, a written agreement will be required and provide directives for visitation arrangements. Attorney Anne E. Raduns can help you prepare and file a motion for a consent order allowing this parental relocation.
If the proposed relocation is contested, the parent who wishes to relocate must serve a notice of intent to relocate. The parent who is not relocating must respond within 30 days, and the court will then schedule a contested hearing. Many factors are considered, and time lines must be followed carefully.
If a parent does not follow Florida Statute § 61.13001, he or she could be held in contempt of court and be ordered by the court to return the children. Do you have questions about this process? Contact Anne E. Raduns, P.A about you and the outcome of your case.
At Anne E. Raduns, P.A we have had the experience in representing clients in numerous relocation cases throughout North Central Florida. Whether you want to move with your child or fight the relocation of your former spouse, we will aggressively represent your case. Contact Anne E. Raduns. P.A for a low cost initial consultation.