Jupiter Relocation Lawyer
A family’s circumstances rarely stay the same, especially over a period of years. For this reason, Florida courts allow parents to modify their custody arrangements in the event of a major change in circumstances, like a job loss or relocation. There are, however, specific rules that parents must follow when making these changes, so if you or your former partner are planning on relocating and you have questions about how that could affect your custody arrangement, you should speak with an experienced Jupiter relocation lawyer about your parental rights.
What Qualifies as a Relocation?
Not all moves are considered relocations for family law purposes. In fact, moving will only qualify as a relocation if the new home is at least 50 miles from the parent’s old residence. Further, the relocation must be for more than 60 days, or it will only be considered a temporary absence and won’t require an official amendment to a family’s custody arrangement.
Modifying a Parenting Plan
Couples who share children and who decide to divorce must come up with a parenting plan that details how they will divide custody. These plans also prohibit relocation without approval from either the court or the other parent. To avoid violating this provision, a parent who wishes to relocate with a child will need to modify the parenting plan. There are two ways to do so, the first of which is by agreement.
Relocation by Agreement
In the event that both of a child’s parents agree to relocation, they can avoid having to go to court by signing a written agreement that:
- States each party’s agreement to the relocation;
- Creates a new timesharing schedule for the non-relocating parent; and
- Provides details about the transportation arrangements that will be necessary to implement the new schedule.
If these requirements are fulfilled, a Florida family law court will generally presume that relocation is in a child’s best interests and will approve the modification, often without a hearing. If, however, the parties don’t agree on the relocation, then the parent who wants to move with the child will need to file a petition with the court.
Filing a Relocation Petition
When both parents don’t agree to a relocation, then the parent who wants to move must seek approval from the court by filing a petition that contains:
- Details about the new residence;
- The address of the new home;
- The date of the proposed relocation;
- An explanation of the reason for the relocation;
- A written job offer if the move is based on new employment; and
- A proposed timesharing schedule and transportation arrangement.
Once this petition has been filed, the court will hold a hearing, where both parents will have the chance to argue their cases. Eventually, a judge will decide whether the move is in the child’s best interests. If so, it will approve the relocation and amend the parenting plan. If it does not, however, then the petitioning parent will be barred from relocating with the child.
Call Experienced Jupiter Relocation Lawyer Caroline Olson, P.A.
Please call 561-288-0548 today to schedule a free consultation with compassionate and experienced Jupiter relocation lawyer Caroline Olson, P.A. and learn more about the rules regarding relocation with your child after divorce.