Parental Relocation Following Divorce
How a Move Affects Child Custody
In is not uncommon for the issue of parental relocation to arise sometime after the divorce settlement has occurred. Perhaps a new career opportunity or a chance for advancements in education - any number of situations could lead to a desire to move.
Florida Statute 61.13001 provides the legal requirements for relocation in Florida divorce cases.
If the relocation will be more than 50 miles away from the residence which was established in the last order for residency of the child, then a formal and legal request must be proposed with details regarding the requested change, such as change in employment, educational opportunities, religious matters, or any other reason the relocation is desired. The court will consider what is in the best interests of the child in making any decisions.
Any such modification to the parenting plan or time sharing must be worked out correctly, and within the guidelines of the law. Hiring an
attorney with experience in dealing with parental relocation cases in Jacksonville is an important step to protect your rights regarding
child visitation and
time sharing issues.
Objections to Relocation Request
If there is an objection to the proposed relocation, it must be made within 30 days after the notice of intent to relocate was served. Failure to lodge a proper object in the allotted time will result in the court assuming that there is no objection and that it is in the best interest of the child to allow the relocation. Whether you need assistance in obtaining the right to relocate with your child, or to object to your spouse’s proposed relocation, Ellerin Hutchinson can assist you. It is important to that either issue be handled properly, and quickly, and that your rights to custody, visitation or time sharing are protected, for the sake of you and your child.