September 28, 2023
For parents with shared child custody, relocating to another city or state can present unique challenges and create additional complexities in existing custody arrangements. In Florida, the relocation process can significantly impact time-sharing and parenting plans, requiring a thorough understanding of the state’s legal framework and the need for expert guidance from seasoned attorneys. At Dorsey Law JAX, our top Jacksonville attorneys are committed to guiding parents through this intricate process, providing essential insights and support to ensure a favorable outcome for your children and your family.
In our forthcoming guide on relocation and child custody, we will dive deep into Florida’s legal framework and its effects on parents seeking to move with their children. We will start by exploring the relocation threshold and outlining the criteria that need to be met to avoid court intervention in the moving process.
1. Understanding Florida’s Relocation Threshold and Criteria
A. The Relocation Threshold
In Florida, relocation is defined as a parent moving their primary residence more than 50 miles away from their current address for a period of at least 60 consecutive days, excluding temporary absences for short vacations or seasonal travels. Understanding the relocation threshold is critical, as it determines whether specific legal processes must be followed to protect both the child’s welfare and the parents’ rights.
B. Criteria to Relocate Without Court Intervention
Certain criteria must be met to avoid court intervention when relocating with a child. These include:
- Both parents have agreed to the move and have signed a written agreement outlining the new parenting plan and time-sharing schedule.
- The non-relocating parent has waived their right to object to the relocation in writing, or their whereabouts are unknown.
2. The Notice to Relocate and its Impact on Child Custody
A. Providing Notice to the Non-Relocating Parent
If the above criteria are not met, the relocating parent must provide 60-days advance notice to the non-relocating parent. The notice should include:
- The intended date of relocation
- The new address and contact information
- A statement of the specific reasons for relocation
- A proposal for an updated parenting plan and time-sharing schedule
- A notice to the non-relocating parent explaining their right to object and how to do so
B. Objecting to or Consenting to the Relocation Request
The non-relocating parent has 20 days from receiving the notice to file an objection with the court. If they fail to object within this period, the court may grant permission for relocation without a hearing. If the non-relocating parent consents to the relocation, they must do so in writing, and both parents should work together to establish a new parenting plan and time-sharing schedule.
3. Obtaining Court Permission for Relocation
A. Factors the Court Considers When Evaluating Relocation Requests
When determining whether to grant permission for relocation, the court will evaluate several factors, including:
- The child’s relationship with both parents and the impact of relocation on those relationships
- The reasons for relocation and any potential benefits to the child
- The child’s age, developmental stage, and preference (if mature enough)
- The feasibility of preserving the child’s relationship with the non-relocating parent
- The effect of relocation on the child’s emotional, physical, and developmental well-being
B. The Court Approval Process
If the court determines that the proposed relocation is in the child’s best interest, they will grant permission and establish a new parenting plan and time-sharing schedule. Both parties must then adhere to the revised arrangements.
4. Consequences of Relocating Without Proper Consent or Court Approval
A. Legal Ramifications
Relocating without obtaining proper consent from the non-relocating parent or court approval can result in severe legal consequences. These may include:
- Contempt of court charges
- Modification of the existing parenting plan and time-sharing schedule to benefit the non-relocating parent
- Court-ordered sanctions, such as fines, attorney’s fees, and other penalties
B. Impact on the Child’s Welfare
Aside from the legal ramifications, unauthorized relocation can have negative effects on the child’s emotional well-being, disrupting their established routine and relationships. It’s crucial for parents to prioritize their child’s best interests and follow Florida’s legal guidelines throughout the relocation process.
5. The Importance of Skilled Legal Representation in Relocation and Child Custody Cases
A. Expert Guidance and Advocacy
Working with an experienced Jacksonville attorney is essential when dealing with child relocation and custody issues. Their expert guidance and advocacy can help you navigate the complex legal landscape, ensuring the best outcome for your child and your family.
B. Mediation and Court Representation
An attorney can assist in mediation efforts, aiming to establish agreement between parents and avoid a court battle. If court involvement becomes necessary, your attorney will represent your interests and present compelling arguments to support your relocation request, emphasizing its potential benefits for your child.
Conclusion
Facing relocation and child custody issues can be an overwhelming experience for parents. With this comprehensive guide and the expert legal guidance provided by top Jacksonville attorneys at Dorsey Law JAX, you can navigate these complex challenges with confidence, ensuring the best outcomes for your children and family. Our dedicated team stands ready to assist you with the knowledge and support you need to make informed decisions and achieve successful results for your family’s unique situation.
