Sometimes life requires us to move. A new job may require you to move out of state. Or maybe you’d like to be closer to your family. Whatever your reason, you need to understand how your move may impact your timesharing with your child. Luckily, a child relocation lawyer with Christopher M. Sprysenski, P.A. is available to guide you through your move.
A relocation of a child has several components. First, it must involve the change of a principal residence of a parent from the time the last court’s order regarding timesharing was entered. Second, the change in residence must be more than 50 miles away. Third, the change in residence must be for more than 60 days consecutively.
Of course, if the parents agree that to the relocation, a child relocation lawyer can help you draft an agreement. This is a straight forward process and does not require a hearing. A court will enter an order adopting the agreement that will allow the move to occur.
If there is no written agreement, it is critical that the parent wanting to move follow a very specific process. The parent wanting to move must notify the other parent through a Petition to Relocate. A child relocation lawyer should draft this so that required facts under the law are included. The Petition must be signed under oath by the parent wanting to move. The Petition should also include transportation suggestions for the other parent’s timesharing.
If the non-relocating parent does not file an objection to the move within 20 days, the court will allow the relocation to occur. If an objection is filed, the court will need to hear testimony from both parents as to why the relocation is or is not in the best interests of the child.
If you decide to move with your child and do not follow the strict requirements of Florida law, you may be found in contempt of court. The other parent may file proceedings to compel the return of the child and this may be taken into other hearings related to your move. Additionally, if you do not follow the guidelines under Florida Statutes, your request to move may be automatically denied. Finally, a relocation should be done with care so as to avoid any issues related to the Uniform Child Custody Jurisdiction Act.
Contacting a child relocation lawyer with Christopher M. Sprysenski, P.A. will make sure that you do not jeopardize your move by not following the rules. Our attorneys will work closely with you to develop the facts that a court must weigh in determining whether a relocation is in your child’s best interests. Our firm is deadline driven, and will make sure your case is in compliance with all required dates.
Ready to move to grow your life? Allow a child relocation lawyer with Christopher M. Sprysenski, P.A. to assist you in exploring your options. Call us today at 407-630-8485. We offer payment plans and accept all major credit cards.