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Are You Planning on Moving Out of State With Your Child?

One issue within the area of post-decree modifications is relocation. A standing custody order must be examined and modified if a parent seeks to move out of state with a child. We provide representation to clients seeking modification of a custody order due to relocation as well as clients attempting to prevent relocation.

Before a new law was enacted in 2006, a primary custodian would often just pack up and move without prior Notice to the non-custodial parent. If the Final Judgment did not specifically restrict such movement, the non-custodial parent faced an uphill battle to force the return of the parties' minor child to the court's jurisdiction. The timeframe for a hearing would often work to the relocating parties' advantage, giving him or her time to settle the child in the new location. Recognizing the inequality created by inconsistent treatment of eases by family law judges, the Florida Legislature has provided a precise process governing the relocation of children. For more information or a consultation with Lisa A. Baird, PA, call 305-548-8852.

Non-Relocating Parent Consents to The Relocation

If the non-relocating parent consents to the relocation, the parties must execute a written agreement that reflects the consent to the relocation, defines the visitation rights for the non-relocating parent and any other persons who are entitled to visitation; and describes, if necessary, any transportation arrangements related to the visitation.

Non-Relocating Parent Does NOT Consent to The Relocation

If the non-relocating parent does not consent to the relocation, the relocating parent must serve upon the other parent and every other person entitled to visitation a Notice of Intent to Relocate with a Child. The Notice must provide very specific information, and failure to comply with the strict requirements will render the Notice legally insufficient!

The non-relocating parent has 30 days to object to the proposed move, and if he or she fails to file a written objection, the court can enter an order allowing the relocation without a hearing. However, if the non-relocating parent files a timely objection to the proposed move, then the court will schedule a hearing on the matter. Keep in mind that the objection must also follow precise statutory requirements. At a contested hearing on whether the

court will allow the relocation of a minor child, the judge will consider a number of statutory factors, and the moving party carries the burden of proving that the move is in the child's best interest.

For more information about your relocation case, call 305-595-8185.

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