At The Law Offices of Lindsay B. Haber, P.A., we understand that family dynamics can change over time, and sometimes, that might lead to one parent needing to relocate with their child. However, relocating becomes a complex legal matter that requires careful consideration when a parent has a custody arrangement. This blog post will discuss the critical legal concerns regarding relocation and child custody in Florida.
Understanding Florida's Relocation Laws
In Florida, relocation laws are governed by Section 61.13001 of the Florida Statutes. This statute sets forth specific requirements and procedures that parents must follow when seeking to move more than 50 miles away from their current residence with a child for 60 consecutive days or more. As a parent looking to relocate, you must know these laws to ensure compliance and protect your custodial rights.
Notice Requirements for Relocation
One of the essential legal considerations when planning to relocate is providing proper notice to the other parent. According to Florida law, the relocating parent must notify the non-relocating parent in writing at least 60 days before the intended move. This notice should include specific details about the proposed relocation, such as the new address, phone number, and a proposed revised custody and visitation schedule.
Obtaining Consent or Filing a Petition
After receiving the notice, the non-relocating parent has 30 days to object to the relocation in writing. If the non-relocating parent consents to the move, the parents can work together to modify the custody arrangement and parenting plan to accommodate the relocation. However, if the non-relocating parent does not consent, the relocating parent must file a petition with the court seeking permission for the relocation.
Best Interests of the Child Standard
The court's primary consideration in relocation cases is the child's best interests. When evaluating the relocation petition, the court will consider several factors, including the child's current relationship with both parents, the impact of the move on the child's educational and social life, and the ability of each parent to facilitate an ongoing relationship with the child.
Proposing a Revised Parenting Plan
As the relocating parent, it is essential to propose a revised parenting plan that addresses the logistical challenges of the new distance between the parents. This plan should include details about visitation schedules, holiday and vacation arrangements, and communication methods to maintain a healthy parent-child relationship.
Seeking Legal Representation
Relocation cases can be emotionally charged and legally complex, making it crucial to seek competent legal representation. At The Law Offices of Lindsay B. Haber, P.A., our experienced family law attorneys understand the nuances of Florida's relocation laws. They can provide the guidance and support you need throughout the process.
Mediation and Alternative Dispute Resolution
In some cases, mediation or alternative dispute resolution methods can help parents reach an agreement regarding relocation and custody matters without the need for lengthy court battles. Our firm advocates for amicable solutions whenever possible, as they can often be less stressful and more beneficial for the child involved.
When facing relocation and child custody matters in Florida, navigating the legal process with care and consideration is essential. By following the proper notice requirements, understanding the best interests of the child standard, proposing a revised parenting plan, and seeking legal representation, parents can increase their chances of achieving a favorable outcome. At The Law Offices of Lindsay B. Haber, P.A., we protect your rights and ensure your child's best interests are upheld during these challenging times. If you are facing a relocation issue, don't hesitate to contact us for expert legal advice and support.
Contact The Law Offices of Lindsay B. Haber, P.A., today if you require professional legal assistance or have questions regarding relocation and child custody in Florida!