Tampa Relocation Attorney
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Florida Law for Child Relocation
In Florida, while custodial parents can relocate with their minor child post-divorce, they’re restricted from moving beyond a 50-mile radius without consent from the non-relocating parent and the court, as mandated by Florida statutes (61.13001). Therefore, relocating from your current residence requires careful consideration, cooperation, and legal approval, ensuring it complies with Florida law and prioritizes the best interest of minor children. Understanding these legal requirements is crucial for a compliant and smooth relocation process.
Common Reasons Why Custodial Parents Want to Relocate After a Divorce
Some common motivations for seeking a relocation request include:
- Job Opportunities: One parent may find it necessary to move to a different city or state in order to advance in their career and increase their annual salary.
- Family Support: A parent may not live in the same state as their family, so they want to live closer to those who can provide emotional and logistical support.
- Educational Opportunities: The education in the state where the child lives may not be very good, so parents may attempt to leave the city or state to give their child a better education.
- Remarriage or New Relationship: It’s very common for a divorced spouse to find a new partner and then move to start a new relationship or new life.
- Fresh Start: Some parents don’t have any reason for moving outside of simply wanting a fresh start in life. This is very common reasoning for domestic violence victims. For more information regarding abusive relationships and how they impact divorce or child custody in Florida, contact a Tampa domestic violence lawyer today.
Legal Process for Tampa Child Relocation
In Florida, relocating with a child beyond a 50-mile radius requires meeting specific conditions, including obtaining consent from the other parent. This often entails drafting a written agreement detailing the relocation’s terms. It’s crucial for parents to carefully follow this process, securing mutual agreement and prioritizing the child throughout.
Uncontested Relocation
When both parents agree regarding the proposed relocation, it is crucial to formalize this consensus through a written permission notice to the court. This written agreement should include a tentative visitation order that outlines when the non-relocating parent will have parenting time, even after the move, and why the move is in the child’s best interest.
Additionally, any details regarding transportation arrangements to fulfill the new custody agreement should be documented.
It’s important to note that if other extended family members have visitation rights, seeking their consent and including them in the visitation schedule is recommended.
Contested Relocation
When a non-relocating parent opposes a move, and the other parent still plans to relocate from his or her principal place of residence, a significant challenge arises in the relocation process. In this scenario, the parent wishing to relocate must file a petition for approval, a step requiring meticulous attention to the specifics of Florida’s family law.
Seeking the expertise of a Tampa relocation lawyer becomes crucial at this juncture. An experienced relocation attorney can guide through the legal complexities, ensuring adherence to all required procedures and Florida statutes, aiming for a smooth process that upholds each parent’s time-sharing rights and the child’s best interests.
For custodial parents facing opposition to relocation, filing a relocation petition that includes reasons for the move, future contact information, the moving date, why the move is in the child’s best interest, and a revised visitation schedule is necessary. This petition, served to both the court and the non-custodial parent, kickstarts the legal proceedings to address the dispute.
How Does the Court Decide on Child Relocation in Florida?
In Florida, child relocation decisions largely depend on whether the other parent agrees to the move. If there is an objection, the matter often proceeds to a formal hearing, where both parties present their cases.
However, if a parent does not respond to the petition, judges typically favor allowing the move, provided it benefits the child’s well-being. There are, however, a few reasons why a judge will deny relocations.
The goal is to balance the custodial parent’s relocation needs with the child’s ongoing relationship with the non-custodial parent. A Tampa child relocation attorney can play a pivotal role in helping to ensure a smooth transition.
What Happens if You Relocate a Child Without Permission From the Other Parent or the Court?
Relocating minor children without the consent of the other parent or court approval can lead to serious consequences, including contempt charges. Unauthorized relocation can prompt the non-relocating parent to seek legal action for the child’s return, possibly resulting in a court-mandated return. Such actions can also negatively impact the future court order in relation to the custody agreement and parenting plan. Adhering to Florida’s child custody laws is crucial to avoid legal repercussions and protect the child’s best interests.
For more information about how relocating can affect a future court order, contact a Tampa court order modification attorney today.
Contact a Tampa Relocation Lawyer at Quinn & Lynch P.A.
When facing the complexities of moving after divorce, it is imperative to have a Tampa child relocation law firm by your side. At Quinn & Lynch P.A., our Tampa relocation attorneys specialize in family law and have a deep understanding of the intricacies involved in child relocation cases.
Whether you are the parent seeking to relocate or the other parent contesting a move, we are dedicated to providing you with the representation you need. Call Tampa family law attorneys at 813-223-7739 today to schedule a consultation with our legal experts at Quinn & Lynch P.A.
Contact Our Experienced, Dedicated Divorce & Family Law Lawyers Today
As a dedicated family law practice in the Tampa Bay area, we work one on one with our clients, resulting in representation that is characterized by genuine care and understanding. If you are dealing with divorce or other family law issues, please contact at 813-223-7739 to schedule an appointment with one of our experienced family and divorce attorneys.
