Procedure for relocating with a child

Florida parents interested in child custody issues may know there are times when relocation to another part of the state or to a different state may be necessary. Relocating requires that the noncustodial parent and every other person entitled to visitation with the child either agree to the move or have the opportunity to demonstrate to the court that the move is not beneficial for the child.

If the parent with primary child custody is moving a distance of 50 miles from the nonresidential parent for a period of 60 days or greater, there must be an agreement to the move signed by all parties. The agreement must reflect a consent to relocation. It must also describe visitation for the non-relocating parent or any other person who has the right to visit with the child including transportation issues. If no one objects within 10 days, the court may assume the move is in the child's best interests and may approve the agreement.

Alternatively, if an agreement between the parties has not been reached, then the parent with primary residential custody must notify the non-residential parent and others who may have visitation rights of the proposed move. This notice is signed under oath and includes the address of the new residence, telephone, the date the move may occur and the reason the move is necessary. It must also include a notice that an objection to the move must be filed in court within 30 days. The relocating parent must also document the filing date with a certificate of filing.

Such steps are sometimes confusing, and a relocating parent may benefit from a family law attorney's guidance. The attorney may also help negotiate any difficulties to assure an easy transition.

Source: lrcvaw.org, " Parental relocation with a child", October 10, 2014

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