When two people share parental responsibility and time with a child, each party must adhere to the terms of the court-ordered parenting plan. This means if you want to make any major decisions regarding the child, they must be made jointly with the other parent. However, to move more than 50-miles from your present residence with the child that would result in the change of their school or affect timesharing with the other parent, you will need to get permission from the court before you can do so legally.
Relocation can present issues for any timesharing agreement whether or not your child’s other parent consents to the move. As such, it could be beneficial for you to seek an experienced family law attorney’s help with this legal process. Before you move, reach out to a Miramar relocation lawyer who could inform you of all applicable state laws and represent your best interests throughout the in-court and out-of-court procedures to come.
According to Florida Statutes §61.13001, parents with a timesharing order from the court must seek court permission before moving their child more than 50 miles away from their current location for a period longer than 60 consecutive days.
Parents generally do not need to receive court permission before going on a short-term vacation or traveling with the child for the purposes of seeking medical care, unless their existing timesharing order specifically prohibits those actions.
If a parent consents to their former partner’s relocation, they can work together on a written document that affirms their agreement with other parent’s move and establishes new procedures for handling timesharing and transportation between parents’ separate homes. Once both parents sign this document, they can submit it to the court for ratification without any formal hearing.
If a co-parent does not consent to the move, the relocating party must petition the court for permission to move and serve notice to the non-consenting parent of the action they have taken. The non-consenting parent then has 20 days at most to respond to the notice.
If the non-consenting party does not respond within that time, the court may grant the petition. A knowledgeable lawyer in the area could explain how the relocation process works in more detail.
During a hearing to resolve a contested relocation request, the court will prioritize the child’s best interests above all else. In practice, this means both parents must make an argument as to why the child relocating or staying in the same place would be better for their short-term and long-term wellbeing.
The judge overseeing the hearing will rule based on their interpretation of presented facts. Specific factors the judge may consider during this hearing include:
A lawyer in Miramar could help parents build a strong case for or against the relocation of their child in pursuit of a favorable verdict.
The prospect of moving to a new place can represent an exciting new opportunity to advance your personal and professional lives. However, if you have a timesharing arrangement with your child’s other parent, you will need to go through a few legal procedures before moving.
A Miramar relocation lawyer could help you understand the legal process and reach a preferable outcome in your case. Call the firm today to schedule your initial consultation.
