Child custody and Divorce in Florida are tricky procedures. A parent with child custody in the Sunshine state who wants to move the child more than 50 km away for more than 60 days must inform the other parent, and also needs to obtain consent. If the consent is not given by other parents, the court order must beobtained. There are various outcomes based on a feeling of the other parent about the move, which can even result in a legal battle.
Section 61.13001 of Florida lawstates that ‘If one parent is attempting to relocate with the child and fails to comply with the section 61.13001(3) of the Florida Statutes regarding the petition for relocating, then that parent may be subject to contempt and undergo proceedings to compel the return of the child, and such non-compliance has to be taken into account by the court in the subsequent determination or the modification of the parenting plan, access, or the time-sharing schedule. As you can see, moving away with the child is much more serious than what you have realized previously.
If both Parents Agree
A written statement is also mandatory; if both parents agree to the move then they have to file the written agreement to the court. It must also include the noncustodial parent’s approval of the move, the necessary changes to the visitation schedule, and the record of the transportation the parents have secured for the visitation purposes. It anyone else has visitation, rights such as the grandparent or an aunt, then they will have to agree on this before the move, and agree to the document as well.
If one parent is disagreeing
If the non-moving parent does not agree with the move, then the moving parent must file a petition in the court in order to allow for the move. This petition will require a variety of information, which includes: the reason for the move, the address of the specific location of the move, mailing address, and the phone number. A proposal for visitation and parenting schedules are also required after the move, and additionally, a notice which tells about the non-custodial parent and how to object to the petition.
Having your Side Heard
If you think that a proposed move by your child’s other parent could cause them harm and object to the move, or if you are the parent who is seeking relocation with your child, then don’t hesitate to contact a Florida Lawyer today, for the skilled family law representation that you need.