If you’re divorced or in the process of a divorce you may be considering relocating with your minor child beyond 50 miles from the the address in your last court order, it is important to first consult with a Tampa family law attorney. Hiring an attorney who is experienced in parental relocation law in Florida is crucial, as these cases can be difficult to manage on your own or if inexperienced in this area of the law.
If you are unable to obtain the other parent’s written consent, you must seek the approval of the courts. Following a contested hearing, a Judge will decide whether it is in the best interest of the children. Under the Florida law, the court will evaluate all of the following these and other factors when one parent seeks to relocate with the minor child and the other parent does not agree: (Source: Florida Statutes)
The nature, quality, extent of involvement, and duration of the child’s relationship with the parent or other person proposing to relocate with the child and with the non-relocating parent, other persons, siblings, half-siblings, and other significant persons in the child’s life.
The age and developmental stage of the child, the needs of the child, and the likely impact the relocation will have on the child’s physical, educational, and emotional development, taking into consideration any special needs of the child.
The feasibility of preserving the relationship between the non-relocating parent or other person and the child through substitute arrangements that take into consideration the logistics of contact, access, and time-sharing, as well as the financial circumstances of the parties; whether those factors are sufficient to foster a continuing meaningful relationship between the child and the non-relocating parent or other person; and the likelihood of compliance with the substitute arrangements by the relocating parent or other person once he or she is out of the jurisdiction of the court.
The child’s preference, taking into consideration the age and maturity of the child
Consult with a Tampa Bay Parental Relocation Lawyer
If you would like to relocate with a minor child or if you have been served with a petition to relocate, please contact us to discuss your case. Nilo J Sanchez & Associates represents parents in parental relocation cases in Hillsborough County and throughout Tampa Bay, Florida. It is important to be able to prove to the courts that your petition is being made in good faith. Proving to the courts that relocating to improve the quality of life for yourself and your child may seem straightforward to you, but proving to the courts that this is in the best interest of the child takes skill, knowledge of Florida parental relocation and custody laws.
Contesting Parental Relocation in Tampa Bay, FL
If you would like to contest a petition to relocate there are time constrictions to do so. If you object, the courts will hear your objections in a contested hearing. Ignoring a petition may result in a default judgement from the courts in favor of the relocation. Having a skilled parental relocation attorney with negotiation and litigation experience is crucial and beneficial in parental relocation cases in Tampa Bay, FL.