Tampa Child Relocation Attorney
Child relocation is a growing issue as our society becomes increasingly mobile. It is governed by Florida Statutes 61.13001. If parents are involved in a divorce or a paternity action, parents cannot relocate with their children more than 50 miles from their residence without the written permission of the other parent. This refers to the residence in which they are living at the time the case is filed or at the time the Order or Final Judgment is entered. This does not include moves for less than 60 days, nor does it include a temporary absence for the purposes of vacation, education, or the provision of health care for the child. Contact our Tampa child relocation lawyers today for more information.
Both parents agree to the relocation:
If your divorce or paternity action has not been completed and both parents agree to the move, then this can be reflected in an agreement which will be incorporated into a final judgment. If a final judgment has been entered and subsequently one of the parents wants to relocate more than the 50 mile zone and both parents agree to the move, then they can enter into an agreement which will be filed with the court and it will modify the original order. The agreement must reflect consent of the non-relocating parent, describe in detail the timesharing, visitation schedule with the non-relocating parent, and if necessary, describe any transportation arrangements. If the non-relocating parent has a change of mind, he or she has 10 days after the date the agreement is filed to request a hearing. If no hearing is requested within that time frame, then it will be presumed that the relocation is in the best interest of the child and the court may ratify the agreement without a hearing.
Do you have questions regarding child relocation? Tampa child relocation attorneys can advise you as to the law on relocation and the procedure you will need to follow to legally relocate your child or advise you of how you may defend against the relocation of your child. Contact us by email or call 813-672-1900 for an initial consultation at no charge .
No agreement for relocation:
There is a certain procedure that the requesting parent must follow if there is no agreement for relocation. A petition to relocate must be filed and served on the non-relocating parent. The statute is very specific as to what information must be included in the petition. After service of the petition, the other parent has 20 days to serve a written response to the petition objecting to the relocation. If he or she fails to respond within that time frame, then without further notice or hearing the relocation will be allowed, unless it is not in the best interest of the child. If the parent requesting the relocation fails to follow the procedure outlined in the statute and relocates the child, then he or she may be subject penalties, including, but not limited to, contempt or other action compelling the return of the child as well as being taken into consideration in any action for relocation or modification of visitation or timesharing. The statute lists factors that the court uses to evaluate whether the relocation is in the best interest of the child. The parent requesting the relocation has the burden of proving by a preponderance of the evidence that the move is in the best interest of the child. If this burden can be met, than the burden shifts to the other parent to prove by a preponderance of evidence that it is not in the best interest of the child. The judge determines whether the preponderance of the evidence burden has been met.
Contact Our Tampa Child Relocation Lawyers
If you have questions regarding child relocation either during a divorce or otherwise, contact the law firm of All Family Law Group, P.A. We provide a free initial consultation to discuss your options Contact our firm by e-mail or call 813-672-1900. We will respond at our earliest opportunity!