Even if you and your child’s co-parent have lived separately from each other for years, they may still have a say in certain life decisions you want to make. Most notably, that could be the decision to move to a different city or state while you share custody rights over a child you had together. In a situation like this, state law requires you to get permission from a Judge before moving, even if you and the co-parent both consent to that move. Things can get even more complicated if the co-parent wants to stop you from going anywhere.
If you need help navigating the state law that controls relocation within an existing custody arrangement, our Pinecrest relocation lawyer is available to assist. Whether you just need assistance following procedural requirements or need to fight for your future living arrangements in front of a Judge, representation from a local family attorney can make a huge difference in the outcome.
How to Petition the Court for a Relocation
Under Florida Statutes § 61.13001, people who have primary custody of children have to seek court permission before moving away if the co-parent has time-sharing or visitation rights. The threshold for asking permission is if they move more than 50 miles away from their current residence for longer than 60 consecutive days, excluding temporary absences for things like vacations or getting healthcare for their child. This rule applies to couples who have divorced or legally separated, as well as couples who are actively going through the divorce or separation process.
If both parents agree to the move that the primary custodian wants to make, they still need to formally petition a Judge for permission by putting their agreement in writing and establishing what new custody arrangement they will have. That must include transporting the child between each other’s homes. Judges almost always approve these types of agreement on site, unless one parent who signed off on the agreement changes their mind within 10 days of submitting it to the court.
If the non-relocating parent does not agree to the proposed relocation, the parent who wants to move will need to motion the court for permission to move and establish that they are doing so for a valid reason. The reason could be because of a new job or because of dramatically increased living expenses. A Pinecrest relocation attorney can assist someone in building a case for this hearing and presenting their view to the Judge.
Do Relocation Laws in Pinecrest Apply to Non-Custodial Parents?
While the relocation laws detailed above always apply to parents with primary custody, there is a significant amount of debate within the Florida court system about whether they apply to all parents with any time-sharing or visitation rights. Several appeals courts in different districts have ruled differently on this matter over the past several years but there is not yet a consensus on which direction of the law is correct.
One thing that has been established is that mothers who were not married when they had their child and never formally established paternity are not subject to these relocation laws. A relocation lawyer in Pinecrest can provide more up-to-date information about how these rules will likely be interpreted in court during a private consultation.
Consider Working With a Pinecrest Relocation Attorney Today
Moving to a new place can be stressful enough on its own but adding child custody proceedings in court is another level of stress on top of that. Fortunately, you have assistance available from The Florida Probate & Family Law Firm – a team that has a long track record of helping people with their family law disputes.
A conversation with a Pinecrest relocation lawyer can give you answers to important questions and guidance about your next steps. Schedule a free case evaluation by calling today.