Relocation with a Minor Child with a Jacksonville Lawyer
The Florida legislature codified the process by which a parent must use when they intend to relocate with a minor child. This law applies when there is a pending legal proceeding where child custody or time-sharing is at issue, and it applies when one of the parents or another person with custody of a child decides to move after the court has previously determined custody and time-sharing. Florida Statutes section 61.13001 is the law that governs relocation with a minor child or children in Florida. Contact a professional Jacksonville relocation attorney now to help understand these statutes.
Written Consent for Relocation
If you are divorced with children and are considering moving your habitual place of residence more than 50 miles for more than 60 days then you must either obtain the other parent’s written consent or file a petition for relocation. If you have a child or children in your custody pursuant to a court order, or if you have a child or children in your custody and a legal proceeding to determine the legal custody of those children is pending then Florida’s relocation statute will apply to you. If you have questions about the legal requirements for relocation in Florida then you should consult with a Jacksonville relocation attorney as soon as possible.
Relocation Involves the Childs Best Interest
In a relocation case, the parent who petitions the court to relocate over the other parent’s objection must prove by a preponderance of the evidence that relocation is in the minor child or children’s best interest. If the petitioning parent meets their burden, then the court must allow the objecting parent to prove by a preponderance of the evidence that relocation is not in the minor child or children’s best interest. For questions about the burden or proof required in a contested relocation case, you should consult with an experienced relocation lawyer.
The factors the court will examine in relocation cases is extensive and includes an analysis of the factors the court will examine in an initial child custody determination in addition to several other factors. Essentially, the court will determine whether the proposed relocation will enhance the child or children’s lives and whether there are suitable alternating time-sharing arrangements necessary to maintain the parent-child bond between the child or children and the objecting parent. The court will consider a wide array of factors in making its determination in a contested relocation case. For more information on the factors that can help you win your case, you should consult with an experienced relocation lawyer.
File a Relocation Petition
Florida’s relocation statute provides a means whereby a parent who wishes to relocate with a minor child can file a petition for temporary relocation which is granted priority on the court’s calendar. The court must schedule a hearing on a petition for temporary relocation within 30 days according to Florida law. If you received notice of a proposed relocation and object to the move then you must file an objection within 20 days or the proposed relocation will be granted without any further notice to you. For questions about relocation with a minor child call Jacksonville’s relocation lawyer Sam Jubran, Board Certified Specialist Marital & Family Law at (904) 360-6100 or submit a case evaluation form to inquire about the possibility of getting the professional help you need. We will promptly respond to all inquiries.
Contact a Jacksonville Relocation Attorney at The Law Office of Sam Jubran, P.A.
There can be severe consequences and penalties for relocating without following the proper procedure. The court must make certain findings in making its determination in every contested relocation case. Hire an experienced attorney and preserve the record, in the event appeal becomes necessary. If you have questions about parental relocation with a minor child talk to an experienced relocation lawyer. Call Sam Jubran.