Relocation Lawyer in Jacksonville
Managing Parental Relocation after Divorce
Sometimes circumstances occur after divorce that require the primary custodial parent to move to another state or many hours away within the same state. Some reasons for this may be:
- Job transfers
- A new career opportunity
- Health issues
The non-custodial parent may object to such a move because it may be difficult to sustain a good parent-child relationship or may doubt that the relocation is best for the child.
A skilled Jacksonville divorce lawyer at the Law Offices of Jason K.S. Porter, P.A. has years of experience representing parents who need to move over 50 miles away after a divorce. We will meet with you for a free one-hour consultation, review your specific situation and advise you about your rights and options. We work with custodial and non-custodial parents to help them make the best decisions possible.
Obtaining Court Approval for Relocation
The relocating parent must obtain written consent from the other parent prior to the move. The written consent must state that the non-custodial parent agrees to the relocation, and must lay out the visitation rights for the non-custodial parent. The court must then approve the proposed relocation.
Some things the court takes into consideration are:
- The age of the child
- The reason for the move
- Educational resources in the new location
- The emotional needs of the child
- How close the new location is to other family members
- Availability of needed medical care
- The degree of involvement of the non-custodial parent in the child's life
- The child's preference
Chapter 61.13001 Florida Statutes: Parental Relocation
This statute holds that a "relocation" is a move of more than 50 miles away from the current location for a period of 60 consecutive days or longer. There are two main options in this situation. The relocation can be agreed upon by both parents or one parent could file a petition to relocate.
Both parents, if they can come to an agreement, may enter into a written relocation agreement. The agreement must give consent to the relocation and also lay out a time-sharing schedule and how the future parenting arrangement will look.
Petition to Relocate
If one parent is seeking a relocation and the other does not necessarily consent to this arrangement, then a parent may make a petition describing their reason for seeking relocation. This petition will then be served upon the other parent. The recipient of this petition will then have to respond in writing and file it with the court. This petition can be contested. The court may also allow for a temporary relocation order.
We are skilled attorneys who will make your wishes known to the court and will work toward the outcome that is best for you and your child.
Contact a Jacksonville divorce attorney at the Law Offices of Jason K.S. Porter, P.A. for help with parent and child relocation after divorce.