Cynthia Hernandez Law
Florida Law holds that it is in the best interests of a child to maintain a relationship with both parents. The need to modify any court order after a final child custody or time sharing order is in place or the desire to move away from area where the divorce decree was issued can be expected to have a significant effect on the interest of the noncustodial parent (to maintain a close relationship with his or her child), as well as on the child’s interest in sustained contact with both parents. Furthermore, because a parental relocation will interfere with court approved visitation arrangements, child custody or time sharing, a parental relocation proposal will need to be approved by the court.
If you need to move to a distant city or another state and you want your child to relocate with you, contact Cynthia Hernandez Law, which has represented numerous clients in dealing with parental relocation issues. Our family lawyers provide you with the support necessary to ensure that the relocating parent or the parent remaining behind are able develop a proper strategy and understanding of the rights and responsibilities inherent in any parental relocation, to help protect your interests and to ensure that the interests of the child(ren) are analyzed.
Parent relocation cases focus on the reason for the need to move.
How does relocation work?
If the proposed parental relocation is uncontested, Florida statutes require a written agreement including specific factors.
If the proposed parental relocation is contested, the relocating parent must serve a “Petition to Relocate”. The parent who is not relocating must then respond within 20 days, and the court will then schedule a contested hearing. Many factors are considered by the court, and time lines must be followed carefully. If a parent does not follow Florida Statutes he or she could be held in contempt of court
Parental relocation without court approval might be a crime.
To ensure that you protect your rights if you are seeking parental relocation or if you are objecting to parental relocation or you are interested in structuring an agreement with parental relocation, contact Cynthia Hernandez Law for a consultation at 813-841-2933.