If you have an opportunity such as a job or remarriage that requires you to relocate, you may need legal representation if you want to take your children with you. The Florida relocation statute governs whether a parent can change his or her residence if the move exceeds 50 miles. The court's decision is based on whether there is a legitimate reason to move and if the decision is in the best interests of the child.
If you are planning to move more than 50 miles from your current residence, you must get permission from your spouse or file a petition for relocation. Our attorneys will help you prepare your case and articulate to the court your reasoning for the move..
Parents typically make a move if they determine that the move is in the best interests of their family. In many cases, relocation presents greater financial opportunities or the ability to be closer to extended family.
When the parents are no longer together, neither parent has the liberty to move as they see fit. The court has to approve in advance any move what will result in a parent moving his or her residence by more than 50 miles. This law has even be interpreted to apply to the minority time-sharing parent.
Our Tampa, Florida relocation attorneys know that these cases can be particularly difficult, as both parties usually feel that they should not have to go through the litigation. We will help guide you through the process to fight for your financial security and your right to be with your children.
We provide experienced and strategic advocacy to protect our clients' rights and the best interests of their children in relocation cases. We can provide the legal assistance you need to advocate for family.
Call (813) 331-5699 to speak with an experienced Tampa, Florida divorce attorney.
In addition to representing parents seeking to relocate, we also represent parents interested in preventing relocation. We understand that non-relocating parent frequently has a strong interest in making sure that their children are close. We will help you present your case to the court and address other issues involving child support and child custody.
If you have questions concerning your legal rights in a relocation case or another family law matter, contact us today at (813) 251-6222 to speak with one of our divorce attorneys.
There is no presumption for or against permitting a parent to relocate. The parent wishing to relocate has the burden of proving by a preponderance of the evidence that relocation is in the best interest of the child. If that burden of proof is met, the burden shifts to the non-relocating parent or other person to show by a preponderance of the evidence that the proposed relocation is not in the best interest of the child.
The Court is required to grant an expedited hearing when a party properly requests relocation. The Court can also permit relocation on a temporary basis, if appropriate.
There are several procedural requirements for the parties' pleadings in a relocation case. The petition for relocation must be verified and provide the mailing address of the new home, a home telephone number (if available), the date of the proposed move, a detailed statement of the particular reasons for the proposed relocation, and provide notice that the other party must respond and object to the petition for relocation within 20 days.
If a party attempts to relocate without following the procedure set forth in Section 61.13001, Florida Statutes, the Court may hold that party in contempt, compel the return of the child, and hold the unauthorized move against the party that attempted to relocate. A party opposing a relocation must submit a verified objection to the petition for relocation. The objection must recite the specific factual basis supporting the reasons for seeking a prohibition of the relocation, including a statement of the amount of participation or involvement the objecting party currently has or has had in the life of the child.
Under Section 61.13001, Florida Statutes, the Court must consider the following factors in determining whether to allow a party to relocate:
Contact Us To Protect Your Legal Rights
Contact Davis Mockler Law, P.A. to speak directly with Richard J. Mockler or another attorney who is experienced in pursuing and defending relocation cases in Tampa, Florida, regarding the details of your case.
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