Relocation: What It Means For You and Your Custody Agreement
Co-parenting from separate households is a complicated task in this itself. Ideally, both parents live in close proximity and are conscious of the importance of allowing the child to experience the love and support from both. However, for a number of reasons, the custodial parent may decide to try to relocate. Fortunately, the state of Florida has laws in place that recognize the importance of consulting all parties that will be affected by drastic moves before granting approval. If it's brought to your attention that your child could potentially move more than 50 miles away from you, don't believe that you're automatically defeated. Whether it takes place or not, you still have a considerable leg to stand on and help is available to guide you along the way.
Who Has A Say In The Decision?
Florida's judicial system has developed an intricate action plan that requires hearing the position of everyone including the custodial parent, noncustodial parent and even the child or children involved.
By law, if the parent with primary custody wants to move more than 50 miles away for longer than 60 days, they must first inform the other parent. If neither party contests the relocation, a written agreement must be filed with the court. If the parents can't come to a favorable conclusion, a judge will step in to mediate the situation. A hearing will be held to determine if the move is in the best interest of the child or children and it will not prove to negatively impact their relationship with the noncustodial parent.
Best Case Scenario
If each parent agrees, there isn't a need to appear before a judge. In the written agreement, the noncustodial parent's consent must be clearly addressed. In addition, any settled modifications to the existing visitation schedule and agreed upon transportation methods must be mentioned. The agreement must also be approved by anyone else with visitation rights including grandparents.
If you're in this situation but don't have reason to object to the relocation, there are a few basic but crucial details to address. Continuing the current visitation schedule may or may not be possible. If it isn't, be sure to develop a revised plan that works for everyone. Often times, the custodial parent will agree to extended visitation during holidays and school breaks. Although agreeing parents won't be required to be meet in front of a judge, the submitted written revision must still be approved before the custodial parent will be permitted to move.
Conflict Resolution
In the event that an agreement cannot be reached, a hearing will be scheduled to determine if the move will be favorable for the child. Custodial parents who attempt to relocate just to spite the other parent won't be favored in court. However, if the parent can provide sound reason for moving and proof to support their claims, there is a chance it may be granted.
Before the hearing, the custodial parent must provide any known contact information for the new home including physical location, address, telephone number, and the date of the move. Additionally, they must supply proof of the reason for the move. If it is due to an employment opportunity or schooling, all written correspondence must be entered with the petition. Lastly, a suggested parenting and visitation plan must be included. The custodial parent is also required to provide the noncustodial parent with instructions on how to contest the petition.
If it isn't properly contested, the court can rule that the move is favorable. Assistance from an attorney will provide you with valuable support during this delicate process.
The best way to ensure a palatable outcome is achieved is to consult an experienced attorney. Specific guidelines dictate allotted times to adhere to various steps of the process of contesting relocation. As the noncustodial parent, a minor oversight can be detrimental to the future of your relationship with your child. Make the best decision from the beginning and leave nothing to chance. Every move made now will mold the future of your relationship with your child.
Who Has A Say In The Decision?
Florida's judicial system has developed an intricate action plan that requires hearing the position of everyone including the custodial parent, noncustodial parent and even the child or children involved.
By law, if the parent with primary custody wants to move more than 50 miles away for longer than 60 days, they must first inform the other parent. If neither party contests the relocation, a written agreement must be filed with the court. If the parents can't come to a favorable conclusion, a judge will step in to mediate the situation. A hearing will be held to determine if the move is in the best interest of the child or children and it will not prove to negatively impact their relationship with the noncustodial parent.
Best Case Scenario
If each parent agrees, there isn't a need to appear before a judge. In the written agreement, the noncustodial parent's consent must be clearly addressed. In addition, any settled modifications to the existing visitation schedule and agreed upon transportation methods must be mentioned. The agreement must also be approved by anyone else with visitation rights including grandparents.
If you're in this situation but don't have reason to object to the relocation, there are a few basic but crucial details to address. Continuing the current visitation schedule may or may not be possible. If it isn't, be sure to develop a revised plan that works for everyone. Often times, the custodial parent will agree to extended visitation during holidays and school breaks. Although agreeing parents won't be required to be meet in front of a judge, the submitted written revision must still be approved before the custodial parent will be permitted to move.
Conflict Resolution
In the event that an agreement cannot be reached, a hearing will be scheduled to determine if the move will be favorable for the child. Custodial parents who attempt to relocate just to spite the other parent won't be favored in court. However, if the parent can provide sound reason for moving and proof to support their claims, there is a chance it may be granted.
Before the hearing, the custodial parent must provide any known contact information for the new home including physical location, address, telephone number, and the date of the move. Additionally, they must supply proof of the reason for the move. If it is due to an employment opportunity or schooling, all written correspondence must be entered with the petition. Lastly, a suggested parenting and visitation plan must be included. The custodial parent is also required to provide the noncustodial parent with instructions on how to contest the petition.
If it isn't properly contested, the court can rule that the move is favorable. Assistance from an attorney will provide you with valuable support during this delicate process.
The best way to ensure a palatable outcome is achieved is to consult an experienced attorney. Specific guidelines dictate allotted times to adhere to various steps of the process of contesting relocation. As the noncustodial parent, a minor oversight can be detrimental to the future of your relationship with your child. Make the best decision from the beginning and leave nothing to chance. Every move made now will mold the future of your relationship with your child.
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