Winter Park Relocation Lawyer

Don't Take Chances — Protect Your Child's Best Interest

The Florida Relocation Statute defines when and how a parent with custody rights may relocate when he or she does not have a specific order from the court. Other laws, including those in the Uniform Child Custody Jurisdiction and Enforcement Act, must also be considered. When contemplating a significant move - defined as 50 or more miles away from your current location and lasting in excess of 59 days - it is crucial that you consult an experienced and knowledgeable Winter Park child custody attorney to assess your situation and your options. Otherwise, you could be forced to deal with serious consequences if you fail to follow protocol. If your actions violate pre-existing court orders, you could face charges of contempt of court.

Fighting for Your Parental Rights in Florida

If both you and your child's other parent consent to the move, you can file a written statement testifying to this fact with the court. At this time, you can also file a proposed adjustment to the current parenting time schedule you have arranged. You will need to make sure that everyone with visitation rights agrees to the move and to all of the related arrangements. This could include a grandparent or another family member. If the noncustodial parent does not agree to the move, then the relocating parent will need to file a petition with the court. An attorney from our firm can help you understand what information must be included in your court petition, whether to request or contest a move.

We can also help you understand how the court is likely to view your petition and what factors will be used in determining whether or not to grant your request. The court will always prioritize the best interests of the child. The judge may rule against a move if it appears that it will be a substantially upsetting and deleterious experience for your child. In addition, the judge will examine how the child's relationship with the noncustodial parent will be affected by the relocation. If the child is old enough, the judge may ask for his or her preference. The judge will also want to know why the other parent is refusing to consent to the move.

Out-of-State Parents

You or your spouse may have decided to relocate in the wake of a divorce. If your move took you out of state, it could have a significant effect on your child custody situation - or, if your former spouse was the one to move, you could be concerned with how that decision will impact the time you spend with your child. We can help.

According to Florida state family laws, a relocating parent must obtain permission from the child's other parent if his or her move is 50 miles or more away and will last for a minimum of 60 days. Receiving this permission is an essential first step. If your child's parent failed to secure your permission as a custodial parent before moving, he or she could face serious consequences, including contempt of court charges.