When relationships break down and end in divorce or estrangement, it is not unusual for one or both parties to want to move away to start new lives. If these parties had children together, however, a move can entail many complications relating to Parenting Plans and time sharing. The relocation of children is often the most contentious and emotionally charged of any family litigation.
A move of only 50 miles requires the agreement of all persons who are entitled to time-sharing with children, or the permission from a court, depending upon circumstances. When the custodial parent wants to move a child more than 50 miles, Florida law requires that the parent must follow specific procedures to obtain permission to relocate, as well as prove to the court that the move is in the child's best interest.
Experienced Relocation And Visitation Attorney Serving Cocoa, Brevard County And Central Florida
Attorney Daniel J. Freyberg is an experienced family law attorney with more than 30 years of experience in family courts. He helps parents throughout central Florida to obtain the permission they need to relocate with their parental rights intact. He can guide you through the relocation process and make sure you go to you court hearing prepared and present the best possible case for you to be able to relocate with your child.
However, he also represents clients who wish to prevent a parent from a move that could disrupt a child's life or limit the child's ability to spend time with both parents.
Attorney Freyberg is a former family counselor and court-appointed Guardian Ad Litem with a long track record of resolving children's issues out of court. When possible, attorney Freyberg uses this experience to forge new terms that both parents can agree to. When needed, however, he can skillfully pursue or defend relocation through litigation.
Types Of Relocation Processes
There are basically two different types of relocation scenarios that the relocation process will follow:
A Relocation Agreement
In this case, both parents have agreed to the relocation, and the custodial parent has obtained written consent from the other parent and all others entitled to time-sharing with the child
This agreement must be in writing and clearly define all time-sharing rights for the visiting parent as well as all others legally involved in visitation, and specific terms for transportation for the exercise of time-sharing. This agreement is then submitted to the court to be ratified
A Petition To Relocate
If the relocation is more than 50 miles away and there is no prior written agreement to the relocation, the relocating parent must first notify the other parent of the details of the relocation and then petition the court for permission. This is called a Petition to Relocate and it must include all the relevant details of the relocation, the specific reasons for the relocation, as well as all time sharing and visitation details. If the relocation is for a new job, a written job offer must be attached to the petition. Specific notice must be given to the other parent within the Petition that an Objection must be filed, or it will be assumed by the court that the relocation is in the best interest of the child.
Relocation When the Non-Custodial Parent Does Not Agree
If there is an Objection to the relocation by the non-custodial parent, the custodial parent may not relocate the child until the issue is settled in a court hearing. The custodial parent may not move during the time it is pending in court, and they may not move afterwards without the permission and approval of the court. Florida law includes provisions for the court to permit a Temporary Relocation pending the Petition, as well as provisions allowing the court to order the return of the child if the custodial parent has relocated the child without the agreement of the other parent and without a court order.
In the relocation hearing, the custodial parent must prove to the court that the relocation is in the best interest of the child. Conversely, the opposing parent has the burden of proof that it is not in the best interest of the child. This is why you need a qualified and experienced relocation attorney on your side to represent you in an important case like this, where so much is at stake.
If Change Is Coming, Seek Legal Advice | Brevard County Parental Relocation Attorney
If a new job, new relationship or other life change requires you to relocate your child, or if you think your child's other parent is planning to move, it is smart for you to meet with an experienced family lawyer who understands Florida child custody laws and how they are implemented.
Retain attorney Freyberg, and he will advocate strongly for your interests through litigation, negotiation, mediation or collaboration in order to achieve the best results for you and your family members.
Contact Attorney Daniel Freyberg Today
If you have questions concerning a geographic move involving a child, discuss your legal options with attorney Daniel Freyberg. For more information or to discuss your legal options in a confidential consultation, contact attorney Daniel J. Freyberg online, or call him at: 321-459-2994.