Relocation Cases in Family Law: Understanding Your Rights

Are you mulling over a big move but concerned about how it could shake up your child custody case in Florida? Undergoing relocation in family law can be a puzzle, especially when crossing city limits or even state lines. Therefore,  it’s crucial to understand your rights to make informed decisions that benefit everyone involved.

 

What’s Best for the Kids?

In any matter involving children, the focus is always on what’s best for the children involved. Courts carefully consider factors like the child’s education, emotional well-being, and relationships with both parents to ensure that any move enhances the child’s happiness and stability. 

The Legal Hoops

Relocating isn’t all about packing boxes and moving physically; there are legal hoops you need to hop as well. In Florida, relocating with your child requires approval from the parent or court authorization if an agreement cannot be reached. Failing to follow these procedures can result in complications such as modifications to custody arrangements.

If you’re a custodial parent planning to move more than 50 miles for over 60 days in Florida you must inform the non-relocating parent, at least 60 days in advance according to state laws. This notice should include the updated address, contact information, and a suggested custody and visitation plan.

When Parents Agree… and When They Don’t!

At times parents reach a consensus regarding the relocation. In such instances, they can draft an agreement outlining the terms of the move and simply seek approval from the court by getting it stamped. However, if one parent opposes the move you may find yourself preparing for a legal battle.

Proving Your Point: The Burden of Proof

If the other parent challenges the relocation it falls upon you as the relocating parent to prove that this change is in the interest of your child. You must provide evidence showing that the move will not be simply beneficial but truly advantageous for your child.

What Will the Judge Decide?

Judges consider various angles before making a decision in relocation cases in Florida, including:

The Why: You need a solid reason for the move. Better job? Closer to family? Make your case compelling.

Parent-Child Bond: How will the move affect your child’s relationship with their other parent? Courts cherish a child’s need to maintain strong bonds with both parents.

Co-Parenting Dynamics: Can you still co-parent effectively over long distances? The court examines travel logistics, communication strategies, and both parents’ willingness to cooperate.

Kid’s Life 360: The impact on your child’s education, social life, and access to healthcare is under the spotlight.

Your Game Plan: Showcasing a detailed parenting plan that addresses visitations and logistics is crucial. It helps reassure everyone that the child’s relationship with the other parent will continue smoothly.

Key Takeaway!

Cases involving relocation go beyond legal battles; they are about securing a future for your child while respecting each parent’s rights. By understanding the key considerations and seeking expert advice, you can approach your relocation with confidence and clarity. If you’re at this crossroads, reaching out to a knowledgeable family law attorney is a wise first step to safeguarding you and your child’s interests.

Given the importance of this decision don’t tackle it alone. A knowledgeable family law attorney can offer guidance and help you navigate legal complexities while advocating for what’s best for your child.

Considering relocating with your child? Call DeWitt Law Firm today to ensure your journey is smooth and legally sound!