Parental Relocation – Chaban Law Group.
If you have a final court order establishing time-sharing of a minor child and seek to move more than fifty miles from the minor child’s principal address (not including temporary absences), an amendment must be filed with the court before the relocation takes place. Relocation can be achieved by either an agreement of both parties entitled to time-sharing with the child, or by a petition to the jurisdictional court to relocate.
Relocating a minor child without following proper procedures can result in severe consequences for the breaching party. Therefore, it important to have knowledge of the procedure and ensure that any relocation is in compliance with the statutory law. Florida does not provide for a presumption in favor of or against either parent. However, if the relocation is contested, there must be a “substantial change in circumstances” in order for the court to consider the relocation petition. The primary factor that determines a relocation petition is whether the move will be in the best interest of the minor child.
Florida statute section 61.13001 governs what the court will evaluate when determining if the relocation is in the minor child’s best interest. These factors include but are not limited to: a) the nature, quality, extent of involvement, and duration of the child’s relationship with the parent or other person proposing to relocate with the child; b) the age and developmental stage of the child, the needs of the child, and the likely impact the relocation will have on the child’s physical, educational, and emotional development; and c) the feasibility of preserving the relationship between the non-relocating parent.
“Parental Relocation – Chaban Law Group”
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Whether you are looking to relocate, opposing a relocation, or need assistance in drafting a modification of a parenting plan for an unopposed relocation, our attorneys can assist you to ensure that your desires are advocated for.