What Happens Next

When a relocation is requested, a parent is required to submit a new parenting plan if the current parenting plan is unable to be fulfilled. This means, that if a parent has regular weekend visits under the current plan and the relocation will cause those weekend visits to be impossible, the relocating parent must submit a new parenting plan. This new parenting plan should account for the relocation in the visiting terms.

Photo by William Grimes.

However, even if a new parenting plan is submitted, the relocation can still have objections. After a parent is notified of a relocation proposal and they contest, the child cannot be legally moved until a hearing takes place. The hearing will usually be the time where the parent who objects can bring up their concerns and proof of negative consequences of the relocation for the child. Depending on the severity, the negative consequences may be enough for a judge to reject the relocation proposal.

In most cases where there is regular visitation between both parents, judges go into relocation situations with two assumptions: either option is not good for the child and the parent will move no matter what. The judge usually understands how difficult the move will be on the child. Either way, they are being taken from their home or their parent. In addition, the judge doesn’t typically rule that a parent cannot move, they’re simply called in to decide whether or not the child can move with the parent.

Always Consult a Family Law Attorney

If you’re considering moving and taking your child with you, consult a lawyer as soon as possible. The future for you and your child seems less chaotic when you know what to expect in this process. The attorney can provide consultation and clarification for you so this time doesn’t seem so stressful.

If a divorced couple that shares custody of their children needs to relocate over 50 miles away from the other parent, a relocation request should be filed and approved by the court. There are several reasons a relocation can be approved, possibly because one parent got a new job or to be closer to extended family who can help with support and childcare. The relocation can either be a voluntary agreement or a contested request.

A voluntary agreement for relocation with children

Photo by michaeljung.

If the relocation is agreed upon by both parents, a written agreement might be able to be submitted to the court. A judge should approve of the relocation if there is already a court order in place for the child’s living arrangement. If the relocation isn’t approved by a judge it can force the child and the parent to move back to the prior location and even lead the parent to loss of custody.

A contested request for relocation with children

The parent that is not relocating may object to the other relocating with their children. When this happens a contested request must be filed and the court must decide based on the reason for relocation whether the parent may be permitted to move the children. The court bases their decision on objective evidence and criteria determined by the state’s law.

Finding legal support for relocation

Dealing with filing relocation to the court may take longer than you have time
for. Judicial approval may be expedited and include shorter deadlines that both parities must be aware of. To speak to an attorney about relocating with children, contact the DeVoe Law Firm here.

Photo by Josh Willink

Child custody cases can be tough and confusing for everyone involved. In order to help ease some of that confusion, here is some information on what needs to occur in order to relocate a child in or after a child custody case in Florida.

A New Set of Written Agreements

In order for one parent to relocate a child, a written agreement must be signed by both parents. In this written agreement, consent to the relocation must be expressed. A time-sharing schedule must be clearly laid out for anyone who has the legal right to access or time-sharing with the child. The agreement must also express transportation arrangements that align with the time-sharing schedule.

In conjunction with the written agreement, a petition from the relocating parent to the other parent must be served. In this signed petition, the address and telephone number, along with a description of the new residence, must be stated. The date of the move and the reasons for the move must be included in this signed petition, too.

The text of the agreement, the schedule, the transportation arrangements and the petition to the court need to be spelled out in detail, and in specific ways. You will need the assistance of a competent child custody lawyer here.

The Court Must Approve the Move!

Both the written agreement and the signed petition must be completed in order for a court to approve a relocation of a child who is under a time-sharing agreement. Take the time to make this petition correctly, and spare yourself untold complications down the road.

The DeVoe Law Firm is experienced in Divorce and Custody matters, having operated in Orlando and Kissimmee for years. If you need a lawyer to help relocate a child under time sharing, or if you need any other help in family law matters, contact us today.

Original article on About.com