Parental relocation when child custody is involved

When there is a written court order granting responsibility, rights or custody of a child, simple things like parental relocation can quickly become legal issues in the state of Florida. Relocation is defined as the parent with primary rights to the child changing their main residence to another location more than 50 miles away for a period of at least 60 consecutive days.

This does not necessarily mean that individuals with shared parenting or joint custody arrangements are never allowed to move; it just requires some planning and extra steps. There's more than one way to go about getting the location approved through the court.

If all parties affected agree to the relocation, the process can involve a written agreement reflecting such. The agreement will typically outline any changes to the transportation, access, visitation, or time-sharing schedule with the child. The other option is to file a petition to relocate and serve it to the other parent. Such a petition will have to outline the plan for how the relocation will work and include pertinent information about the new locale.

A parent's desire to move to a new destination for a job or better school might find themselves in dispute with their former spouse. Failure to involve the other parent and follow the law may result in a temporary loss of parental rights to the child. An attorney with experience in child custody and visitation can help parents navigate the court system and make parenting plans that work in the best interest of the child and the parents.

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