Tampa Child Relocation Lawyer

Interested in Moving Away with Your Child After Divorce?

If minor children are involved in a divorce or paternity case in the state of Florida, there are laws that prohibit a parent from moving the child farther than 50 miles away from the current residence without obtaining a court order or a written agreement from the other parent. This law is meant to protect the parents and children from a situation where one parent will no longer be able to see the child, or if the move would be detrimental to the child in some way.

If either the father or mother is considering moving the residence of any minor children, it is vital to speak with a Tampa relocation of children lawyer before initiating the move. If you do not follow the proper procedure, you could risk losing your right to move or dispute the move of your child.

Contact one of our Tampa child relocation attorneys at Givens Law Group now at (813) 328-6159.

Requirements of Relocation

Pursuant to Florida Statutes 61.13001, a parent who desires to relocate more than 50 miles from his or her principal place of residence with the child must either obtain a court order allowing the relocation, or obtain written agreement to the relocation by the other parent.

If the parent seeking to move is unable to agree with the other parent regarding relocation, the statute prescribes a specific process that needs to be followed in order to have a court determine the issue of whether the party will be allowed to move with the child.

Furthermore, if a parent is notified that the other parent seeks to relocate with a minor child, there are specific motions that must be filed by the objecting parent. If the objecting parent fails to timely file the appropriate objection, that parent may lose the right to dispute the move.

Relocation FAQs

How does the court decide whether to allow relocation?

The court evaluates relocation requests based on the child’s best interest. Key factors include the nature of the relationship between the child and both parents, the impact of the move on the child’s education and social connections, the reasons for the relocation, and the feasibility of maintaining a meaningful relationship with the non-relocating parent. The court also considers the relocating parent's willingness to foster the child's relationship with the other parent, as well as any history of substance abuse or domestic violence.

What should I include in a petition for relocation?

A petition for relocation must include detailed information such as the address of the proposed new residence, the reasons for the move, and a revised parenting plan that outlines visitation and communication arrangements for the non-relocating parent. Additionally, you must serve the petition on the other parent or any other individual with custodial rights. They then have 20 days to respond, either agreeing to the relocation or opposing it. Failure to include required details or follow proper procedures may result in the court denying the petition.

What happens if the other parent objects to the relocation?

If the other parent objects to the relocation, the matter will go to court, where a judge will evaluate the case based on the child's best interests. Both parents must present evidence and arguments to support their positions. It’s essential to demonstrate how the relocation will improve the child’s quality of life, such as through better educational opportunities or enhanced support systems, while also addressing how you will facilitate the child’s relationship with the non-relocating parent.

Can I move temporarily with my child while waiting for the court's decision?

No, you cannot move more than 50 miles away with your child without obtaining either written consent from the other parent or a court order, even temporarily. Violating this rule could lead to legal consequences, including the potential loss of custody or a modification of the parenting plan. It’s crucial to follow all legal procedures to avoid jeopardizing your case.

What are the consequences of relocating without permission?

Relocating without the court’s approval or the consent of the other parent can have severe legal consequences. The court may order you to return the child to their original residence, modify the custody arrangement in favor of the non-relocating parent, or impose fines and penalties. Such actions may also harm your credibility and negatively impact your case in future custody proceedings.

How can I oppose a relocation request?

If you oppose a relocation request, you must file a written objection within 20 days of being served with the petition for relocation. In your objection, explain why the move is not in the child’s best interest. For example, you could highlight the impact on the child’s stability, education, or relationship with you and other significant people in their life. The court will then schedule a hearing where both sides can present evidence and testimony to support their positions.

Why You Need Experienced Legal Representation

Issues of paternity and relocation can be complicated. One parent may not be willing to compromise or comply with the proposed move. Some individuals use custody as a weapon against their spouse. Whatever the situation is, an experienced divorce attorney can make sure your rights are upheld. Our team at Givens Law Group prioritize your needs. We will strive to ensure all your needs are met.

Contact a Tampa relocation attorney at Givens Law Group to discuss relocation.