Law & Legal & Attorney Divorce & marriage Law

Florida Custody Laws in Moving

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      A Florida resident may desire to move within or out of Florida for a job or otherwise, especially in today's difficult economy. The effects of the move on custody arrangements should be a key variable in making relocation decisions. Both parents may have duties in order to protect their best interest and their parenting rights if relocation is desired by one parent. Interaction with the court can be required any time a parent moves more than 50 miles away or across Florida state lines.

    Relocation by Agreement

    • The parent who is not moving can agree to allow the moving parent to relocate the child. The parties simply have to sign a written agreement that reflects both of their consent to the move, defines a time-sharing schedule for the nonmoving parent and describes any transportation arrangements related to the time-sharing. If an agreement cannot be worked out, the parent attempting to move may file a petition to relocate.

    Petition to Relocate

    • If the parent attempting to move cannot agree on the terms of the move with the nonmoving parent, the parent attempting to move may file a petition to relocate with the court. The petition must include a description of the new location, the new mailing address, phone number and date of the proposed move. Also, the petition must explain the reasons for the move, a proposed time-sharing arrangement and proposed transportation to facilitate the time-sharing. Lastly, according the Florida statute, specific language must be included in the petition notifying the nonmoving parent of his duties.

    Duty of Nonmoving Parent

    • A parent who was unwilling to agree to the relocation of the child may be served with a petition to relocate from the parent attempting to move. That parent has 20 days to file a petition with the court objecting to the petition to relocate; it must include supporting reasons as to why the move should be disallowed. If the nonmoving parent fails to file this petition, the court may rule that the move is allowed, unless the move is against the best interests of the child.

    Best Interests of the Child

    • The court will make its determination based on the child's best interests. Factors that the court will evaluate include the nature of the child's relationship with both parties, the age and developmental needs of the child, the feasibility of preserving the parental relationships after the move, the child's preference and the reasons for the move, including career or employment-based reasons.

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