When a Parent Wants to Move Out of the Area with the Children

Florida Parental Relocation Issues

Many parents consider moving out of the area because of promising job prospects. In addition, many parents are in need of a support system that exists in their hometown or a new city close to family. Yet, the benefits of relocating must be weighed against a minor child's need to spend time with both of their parents. Moreover, when parents do not live together, the circumstances of their lives can pull them in many different directions. Moving far away can often make visitation rights difficult or impossible.

Are You Moving More Than 50 Miles Away from the other Parent?

In Florida, you have to undergo a lengthy legal process to relocate with your children over 50 miles or across state lines. Relocation procedures should to be handled by a seasoned lawyer who understands the boundaries set by the law.

Experienced Jacksonville family law attorney Kathryn S. Robbie can help guide you through Florida's family law statute 61.13001, which describes the procedures parents must follow before undergoing a legal relocation.

The relocating parent must:

•· File a "Notice of Intent to Relocate" and serve it to the other parent;

•· Include details such as a new proposed address, phone number(s) and reasons for the move

•· Include a proposal to accommodate the other parent's right to visitation and shared custody

The non-custodial parent then has 30 days to object or respond to the move or to the proposed accommodations. Ultimately, the agreement must be set forth in a written document signed by both parents. If for any reason the parents can not agree, the matter will have to be settled before a judge in a court hearing.

Even if your case does not go to a hearing, you should hire an experienced family law attorney to be sure that you do not settle for a relocation agreement that is not in your best interest and could potentially impact your custody, visitation and child support rights.

If you would like to relocate or have been served with a Notice of Intent to Relocate, contact the Family Law Offices of Kathryn S. Robbie today.