Winter Park Family & Child Relocation Attorney
Arrangements for child custody, timesharing, and visitation are made based on the circumstances in the lives of the parents and children at the time of the case. However, we all know that life can bring unexpected changes that significantly change our circumstances and may make it difficult or even impossible to adhere to an existing child timesharing order. One common circumstance that warrants a return to court is the need or desire of the custodial parent to move over 50 miles from the other parent. Moving this distance can understandably cause serious time and cost issues when it comes to regular visitation and so, not surprisingly, many noncustodial parents want to challenge such a move. Contact our Winter Park family & child relocation attorneys for more information.
Winter Park Family Law Firm – Parental Relocation
In Florida, you do not simply have the right to move your child away from their other parent without permission. If you do so, you can face serious consequences. However, challenges to a move can prevent a parent from taking a better job offer, moving closer to parents or family members, and other important opportunities. Fortunately, it is possible to work together with the other parent and the courts to find a solution that works for everyone.
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
The reason for the proposed move is often a major factor in a court’s decision whether to grant the relocation. Generally, an important and valid reason must be given for the need or want to move away. Such reasons may include to pursue higher-paying or better employment, to pursue educational opportunities for either the parent or child, to manage certain health concerns of the child, parent, or other family members, to live closer and receive the support of other family members, among others. If the court believes the custodial parent is moving in order to limit the time spent between the other parent and the child, permission to move will likely be denied.
If you are seeking to move, it is important to have an attorney who can help you demonstrate that the move is valid and warranted and would be in the best interests of your child. If you wish to challenge a move because you believe the reasons for the relocation are not valid, it is imperative that you speak with an attorney as soon as possible who can help protect your parental rights to have access to and visitation with your child. 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 Family Relocation Attorneys for Help With Your Relocation Issues
At the Law Offices of Aubrey Harry Ducker, Jr. P.L.C. in Orlando, we have successfully represented parents who want to relocate with their child and who want to challenge a relocation. We take pride in our ability to craft creative solutions for each client’s unique situation. Please contact our Orlando family and child relocation attorneys or call us at 407.645.3297 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.