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What is Florida law when it comes to relocation?

Child custody can be an emotional and problematic issue for parents in Miami. This is especially true if the custodial parent chooses to move to another location. There are many factors that go into this decision and it often leads to a custody dispute or an attempt on the part of the non-custodial parent to put a stop to the relocation. The court will view these disagreements through the microscope of what it deems to be the best interests of the child. Knowing how the law views these disputes is paramount when trying to come to a satisfactory solution whether it is from the perspective of the custodial or non-custodial parent.

The parents have the option of relocation by agreement or petition to relocate. With a relocation by agreement, they can sign an agreement that will do the following: consent to the relocation, define how the child visitation schedule will be set up and describe what transportation arrangements will be made so the child can see the other parent. If there is a dispute in progress regarding custody of the child, the parties can seek to have the agreement ratified without having to go through evidentiary hearing and do so via court order.

With a petition to relocate, the parent who is seeking to relocate must file a petition and it must be served on the other parent or any other person who has legal rights to see the child. It must be signed and affirmed with the following: the new residence, its location and description with the state, city and address; there must be a mailing address if it is different from the physical address; the home telephone number must be provided; the date at which the move will be made must be given; there must be reasons given for the relocation; a proposed schedule for visitation must be formulated; and there must be a written statement regarding the ability of the other parent to object to the relocation.

Parents who are seeking to relocate or to stop a relocation must be fully aware of the law and how this can be challenged. Since a custody dispute can be so contentious especially if a parent is trying to relocate, having legal assistance is an imperative. For that, speaking to a legal professional experienced in relocation and other forms of child custody modifications is the first step.

Source: leg.state.fl.us, "61.13001 -- Parental relocation with a child. -- (2) Relocation by agreement, (3) Petition to relocate," accessed on Aug. 23, 2016

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