Relocation With a Child
The need to relocate may be occasioned by job relocation, general employment opportunities, family support need, or a variety of other matters, but all must ultimately result in an outcome that is most beneficial to the child.
In 2006, the Florida Legislature adopted and passed §61.13001 into Florida Statues entitled Parental Relocation With A Child. The Statute spells out clearly that relocation by the party with primary residential of a child can only occur by either a written agreement with the other parent or, if no agreement is reached, by order of the court.
Robert Sigman has represented both the requesting parent and the objecting parent and understands the technical requirements and the strategic moves available to accomplish success. The request to relocate creates the imperative need for a new and modified Parenting Plan that directly speaks to contact from a distant location, holiday visits, summer custody and travel and ultimately, child support. The court will view the request through the lens of “best interest of the child” and so your lawyer needs to know how to assert a claim or a defense that best meets your needs.
Often referred to as "Parent Relocation," in essence the legal process of one parent choosing to move beyond the 50 mile radius of most child custody court orders actually refers to the relocation of the child, or children as the primary residential parent moves out of the designated zone of the court order.
Stipulations may or not exist in your parenting plan which allows for some minor adjustments as needed if circumstances change over a period of time. When a parent who has primary custody of a child, or children, chooses to move outside of the designated approved geographical radius of the other parent the regular access and visitation between the child and the non-custodial parent will be be affected. It is important to know that, often times, your ability to relocate with the child or children will hinge on whether the non-custodial parent agrees with and consents to the request to relocate. If they choose to contest the relocation you will need a court order to remove the child.
While the relationship of the child with both parents is important, the court will, first and foremost, consider what is in the best interest of the child. The court will consider a number of statutory factors in determining if they should approve or disapprove allowing a parent seeking to relocate out of the existing designated geographical area or out of state with the child. Some of these factors include, but are not limited to:
- Adherence with the current custody parenting and visitation plan;
- The relationship between the child and the non-moving parent;
- The financial and emotional stability of the parents;
- Age of child, or children;
- The ability to modify the Parenting Plan and Timesharing plan;
- The amount of time the non-moving parent has with the child.
If you are involved in a separation or divorce and relocation has become a factor or concern, you must know exactly what your rights are in the eyes of the court. Robert Sigman is ready and able to put his extensive knowledge and experience to work for you. You need a qualified Florida divorce attorney.or more information. For to schedule your free, confidential consultation, please call our office at (407) 831-0012.
According to Florida Law it is unlawful for any person, in violation of a court order, to lead, take, entice, or remove a minor beyond the limits of this state, or to conceal the location of a minor, with personal knowledge of the order. In parental situations this also applies to domestic separations where a current standing court order does not yet exist.
If a minor child is relocated outside of 50 miles from the child's primary residential parent without permission from the court or permission from the child's other biological parent parental kidnapping criminal charges may be fired against the offending parent. It is not uncommon for the parent who abducted or moved the minor child outside of the lawful geographic boundary to attempt to justify their actions by asserting claims of parental misconduct, child abuse, or child molestation against the parent that the child has been abducted from or denied accessibility to his or her minor child.
When parental kidnapping occurs, the court which has jurisdiction will immediately order the child to be returned to the jurisdiction and returned to the rightful primary custodial parent. In cases that involve allegations of parental misconduct, child abuse, or child molestation, the court may decide to have the allegations investigated prior to ordering the minor child be returned to the rightful primary residential parent. Regardless if allegations are made against a primary residential parent or not, if your child has been abducted by the child's other parent, seek experienced legal counsel immediately.
Often times when parental kidnapping occurs, the offending parent will temporarily or permanently lose parental visitation rights for the minor child. This is something that your legal counsel may advise you of as an option to request of the court in an effort to ensure parental kidnapping does not occur in the future. The court has the authority to grant this request, choose to allow the offending parent supervised visitation only, or decide to temporarily grant restrictions that will be revisited after a specified period of time. In making any decision regarding a minor child, the court must rule in the best interest and safety of the minor child.
When you must legally address child relocation or other Family Law issues, it is important to be made fully aware of your legal rights, options, and to have aggressive and dedicated legal representation in your corner. Robert Sigman has the experience you need and can provide you an opportunity for the best possible outcome, and a fair and reasonable resolution for you and your child. Please contact us today for your free, confidential consultation. Call (407) 831-0012.