Tampa Parental Relocation Lawyers
After a divorce, both parties are typically ready to move on with their lives. When minor children are involved, however, the lives of the parents remain forever enmeshed. Both parents have a duty, as well as a legal obligation, to the child they share. This obligation involves both financial support and a commitment to be a physical presence in the child’s life. This can become problematic if the parent with whom the child resides looks to move out of the geographic area.
If you are facing a parental relocation matter and you need legal assistance, you can turn to Caveda Law Firm. With decades of experience resolving even the most complex child-related family law cases, we understand the law in these matters, how courts generally operate when it comes to the stability and well-being of children, and what can be done to thoroughly represent you as either the moving or the non-moving parent when going before the court.
Relocation with Minor Children in Florida
After divorce, parents who share custody of minor children do so under a court-approved parenting plan. This plan generally lays out the schedule that a child will follow of overnights spent with each parent. Relocating a child more than 50 miles away from the child’s current home can be disruptive in terms of maintaining the existing parenting plan that involves the other parent as well, a plan that is based on proximity.
Thus, through its relocation statute and caselaw, parents are prohibited from relocating more than 50 miles away with or without the child unless they comply with very specific procedures, after which the matter will be decided by mutual consent or by the court.
The parent who wishes to relocate to a distant city or out of state must comply with the following terms:
Relocation Agreement. When both parents (as well as any other parties with visitation rights) can come to a mutually acceptable arrangement regarding the relocation, they may file a written agreement to that effect with the court. The agreement must include consent for the relocation, specific details regarding visitation rights, and any relevant details regarding transportation arrangements for visitation.
Notice of Intent to Relocate. Absent a written agreement, a parent looking to relocate a child more than 50 miles from the current residence must file an “Intent to Relocate” with the court. This document must contain specific reasons for the proposed relocation. It also must include a proposed visitation schedule. If the other parent agrees, the relocation may proceed. If the other parent objects, a hearing will be held and the court will weigh all of the factors before making a decision based on what is in the best interests of the child.
Put an Experienced Attorney on Your Case
If you are a parent looking to relocate with your child to provide a better life for you and your child, an attorney with experience in Florida child custody can assist you with the Intent to Relocate and a hearing, should that become necessary. Conversely, if you are a parent faced with the possibility that your child may be moved away from you, it is critical that you understand your rights and your options.
At Caveda Law Firm, we have dedicated our entire practice to Florida divorce and family law and are backed by many decades of experience. Our team has the knowledge, skills, and resources to help you seek an optimum outcome.
Schedule a free initial consultation with a Tampa parental relocation attorney by contacting Caveda Law Firm at (813) 819-7444. Hablamos español.