How A Tampa Divorce Lawyer Can Help With Child Custody Disputes
Child relocation is often a contingency not planned for in divorce settlements, and can lead to litigation years after the divorce decree has been recorded. If the primary parent wishes to relocate with his minor child to a new residence, which is 50 miles or more away from the current residence, the relocating parent must get consent from the other parent or from a Florida family law court. If the other parent does not consent to the relocation, the relocating parent will need to file a petition with the Florida family law court. A Florida family law court, will consider several factors when determining if relocation should be permitted. In these matters, it is important to speak with a Tampa divorce attorney who is knowledgeable of the law and can offer sound legal advice.
A Florida family law court will consider many factors; however, the focus of their investigation will be protecting the child's interests. The parent requesting the relocation has the burden of proving that the relocation is in the best interest of the child. However, if this burden is met, the burden will then shift to the other parent to prove the relocation is not in the child's best interest. The Tampa divorce lawyer arguing against the relocation will typically argue that the relocation is against the policy of Florida family law. Florida divorce law encourages parents to share the rights, responsibilities and joys of raising their children. The policy of Florida family law is to grant joint custody and to enable frequent and continued contact with both parents. A relocation of more than 50 miles can make frequent and continued contact with both parents unattainable.
If you have questions about child relocation or any other Florida family law issue contact a Tampa divorce attorney for help. An experienced Tampa divorce lawyer should be able to explain the applicable Florida divorce law and help answer your legal questions.