Tampa Child Relocation Lawyer
Divorce can throw a family for a loop. One household becomes two. More money is needed to support two households, so the custodial parent may need to relocate for a better job. Or maybe the parent needs help raising their child and wants to be closer to family, such as parents and siblings.
When the parents live many miles apart, time sharing can be difficult. The parent cannot even move with the child unless they have permission from the court. Florida has custody laws preventing one parent from suddenly taking the child out of state, since this is often associated with kidnapping.
What are your rights in terms of moving with your child? The Tampa child relocation lawyer at Faulkner Law Group, PLLC can help you understand state laws and legal rights.
Florida Relocation Law
First, know that not every move requires permission from the court. Under Florida Statute Section 61.13001, you only need permission to move if you are going more than 50 miles away from your current home. In addition, the move must be for more than 60 consecutive days. So if you’re moving 40 miles away or are going to be out of the state for six weeks, you won’t need permission. You won’t even have to tell the other parent if you don’t want to, although you still need to meet the guidelines of your timesharing agreement.
If you are planning to move at least 50 miles away, you’ll need to get permission first. You will either need to get the other parent to sign off on your move or prove to the court that it should be approved.
The easiest way is to get consent from the other parent. If you can work together to create a new time-sharing arrangement, then all you need to do is get the court to sign off on it. If the parent does not consent, then your only recourse is to petition the court for permission. You must sign this petition under oath, so make sure everything is truthful and accurate.
Note that the petition must be prepared correctly and properly served on the other parent or else it will be denied. You also need to prove that the move would be in the best interests of the child. If you decide to petition the court, it’s a good idea to have a lawyer on your side, as there’s a lot that can go wrong.
Contact Us Today
Relocating a child is not an easy task. While you may think you have a good reason to move your child, you need to get the court’s permission first so they can make sure the child’s best interests are kept in mind. The team at The Faulkner Law Group, PLLC can help modify parenting and timesharing plans so that everyone is happy. Schedule a consultation with our Tampa child relocation lawyer by calling our office at (813) 544-3919 or filling out the online form.