Relocating for a job or personal reason is not uncommon. Most people move multiple times during their life. However, special circumstances apply if you have a child custody or parenting plan in place.
In fact, cases of relocating can be complex and require you to comply with the laws in place. Because of this, you may need assistance with the process, which is where Griffin Family Law comes in.
Relocating in Jacksonville, FL
In Florida, parents are encouraged to try to share the joys, responsibilities, and rights of raising children. However, if the custodial parent decides to move over 50 miles from their prior residence, it can make continuous contact with the non-relocating parent challenging or impossible.
Because of this, the law in Florida makes it necessary for the parent who is relocating to get court approval or get consent from the child’s other parent before making this move.
Requesting the Other Parent’s Consent
The parent who is planning to move or relocate is required to obtain consent – in writing – from the child’s other parent or another individual who has visitation rights before the move occurs. It needs to include the non-custodial parent’s visitation rights and outline transportation arrangements to ensure visitation can happen. Additionally, the family law court must sign this consent before the custodial parent relocates.
Obtaining Approval from the Court
If the parent who is not relocating does not agree to the other parent’s move, then the parent who is moving must receive approval from the family law judge before making a move. If you do not obtain court approval and move without it, then you may be in contempt of court and face other legal consequences.
To acquire court approval, the parent relocating must prove that the relocation is in the child’s best interest or children in question. When determining what is in the child’s best interest, the court is going to consider several factors, which include:
- The child’s age
- Reason for the move
- How hard it will be for the non-relocating parent to see the child
- How far the relocation will take the child from other family members
- Educational options and resources provided
- What the child wants (in some circumstances)
- Level of involvement of the non-custodial parent in the child’s life
- Economic and employment circumstances for both parents
- The impact the move can have on the child’s emotional, educational, and physical development
Common Questions About Relocation Rights in Jacksonville
At Griffin Family Law, we are here to help you with your relocation needs. We also get a lot of questions about this matter. Some of the most common are answered below.
Can you legally leave the state of Florida with your child or children?
Usually, if a previous custody case was filed in court, you must have court approval or consent from the other parent before you move over 50 miles from your established residence. This is a requirement that is based on the Florida Statute 61.13001.
Can the father or mother of your child keep you from relocating with a child?
The short answer to this is, yes. You must receive consent from the child’s other parent or court approval before you move with a child. If the other parent does not agree to your relocation, then a judge can determine if the move is in the child’s best interest and make the ruling based on their understanding of the situation.
What steps should you take to win a relocation case in Florida?
To ensure your relocation case is successful, you need to consider if the move is in the child’s best interest. Because of this, the relocation case needs to focus on what improvements the move will have on the child’s life. Usually, the relocation request you submit should include information about timesharing plans you have made with the other parent.
What is the law about child relocation?
According to Florida law, you must have consent from the other parent or court to relocate with your child. While this is true, the Statute does not apply to every custody situation. Contact Griffin Family Law for information and advice regarding the specific situation you are in.
Contact Our Jacksonville Lawyer
If you need to relocate or fight a parent trying to relocate, contact Griffin Family Law. We are here to help with your case and ensure you get the desired outcome for your situation. The first step is to get in touch with us. We will fight for your rights and help ensure your child’s best interests are upheld.