At The Law Offices of Aubrey Harry Ducker, Jr., P.L.C., we have been helping families find solutions since 1999. When you or your children are facing a relocation and you need legal advice to either help make the move happen or prevent the move, our Orange County parental relocation attorney can help.
When a custodial parent wants to move more than 50 miles away it is critical that Florida law is followed. If you have questions about your legal rights and responsibilities our attorney can help you reach your goals.
Orlando Child Custody Modification Attorney
If you are a custodial parent who wants to move, you will need either written permission from the noncustodial parent, or a court order approving the move. Both solutions must meet specific legal requirements so even if you believe the noncustodial parent would approve the move, we recommend that you seek legal advice before you talk with the other party.
Written Permission: Even if you believe the noncustodial parent would consent to the move, you will want to ensure that your agreement meets the legal requirements. In Florida, written permission from the noncustodial parent must be signed, dated, notarized, contain specific language authorizing the move, contain information about how the transportation and timesharing will be changed, and indicate how the additional expenses will be handled.
Court Approval: If you cannot get written permission from the noncustodial parent, you will need to seek permission from the family court. In this situation, you must first serve and file a Notice of Intent to Relocate. This notice must contain details of the new address, the reasons for the proposed relocation, and a proposal for how the noncustodial parent will continue to have access to and visitation with the children. After receiving the notice, the noncustodial parent has 20 days to object to the move. If that happens, the court will schedule a hearing to be conducted.
When a family court judge decides whether or not to allow a proposed move, the court will consider:
- Whether the proposed move will enhance the quality of life for both the parents and the child
- The reason for the proposed move
- The custodial parent's employment history and what new opportunity is being sought
- The child or children's current involvement with the noncustodial parent
- The child's preference may come into play depending on age and maturity
Even if the family court does approve the move, the court can allocate how transportation costs will be paid and modify visitation schedules to ensure that the noncustodial spouse doesn't lose time with the child.
Contact Our Winter Park Law Firm for Help With Your Relocation Issues
We take pride in our ability to craft creative solutions for each client's unique situation. Please contact our Orlando, Florida, law firm or call us at 407-901-4745 to schedule a flat-rate consultation with a lawyer. We are happy to meet with you either at our offices or the location of your choice.
