Jacksonville FL Relocation Lawyers
Relocation & Divorce
Under most circumstances, going through a divorce is never easy, and certain obstacles may present themselves after the fact. When relocation matters arise in family law, those involved must face many challenges. Relocation relates to the change in location of the main residence of a parent or other individual who plays a legal and personal role in child custody or visitation. To help you resolve your specific situation, it is helpful to be completely aware of your legal rights and options.
At Farah & Farah, our Jacksonville relocation attorneys are dedicated to helping our clients determine the best course of action for their family law case. We understand how important it is for parents to remain close to their child or children, especially after a divorce. Whether you are seeking to relocate or are concerned about the relocation of your spouse and child, please call us today for a free consultation.
Reaching an Agreement in Florida
According to Florida Civil Statutes, relocation by written agreement is required from the parents as well as all individuals who are provided access to, or time-sharing with, the child or children. The agreement must address the following:
- Approval of the relocation.
- Description of transportation plans associated with access or time-sharing.
- Definition of schedule for the non-relocating parent and any other individuals provided access or time-sharing.
Requirements of a Petition to Relocate
If you, the other parent, or another individual is seeking relocation, a petition to relocate must be filed and served upon the other parent in addition to every other individual given access or time-sharing with the child or children. A petition to relocate in Florida must:
- describe the location of the anticipated new residence, including the state, city, and physical address;
- state the mailing address of the anticipated new residence if it is not identical to the physical address;
- state the telephone number of the anticipated new residence;
- state the date of the proposed move or relocation;
- detail the motive for the possible relocation – if one explanation for the relocation relates to employment, a job offer must be included in writing with the petition;
- propose a post-relocation schedule for access and time-sharing along with a proposal for post-relocation transportation plan to fulfill time-sharing with the child or children; and
- include the following statement in all capital letters and in the same size or larger at the end of the petition: A RESPONSE TO THE PETITION OBJECTING TO RELOCATION MUST BE MADE IN WRITING, FILED WITH THE COURT, AND SERVED ON THE PARENT OR OTHER PERSON SEEKING TO RELOCATE WITHIN 20 DAYS AFTER SERVICE OF THIS PETITION TO RELOCATE. IF YOU FAIL TO TIMELY OBJECT TO THE RELOCATION, THE RELOCATION WILL BE ALLOWED, UNLESS IT IS NOT IN THE BEST INTERESTS OF THE CHILD, WITHOUT FURTHER NOTICE AND WITHOUT A HEARING.
What is a Temporary Order for Florida Child Relocation?
Depending on the circumstances, the court may enact a temporary order restraining the relocation of a child or children. If a prior relocation has occurred, it’s also possible for the court to order the return of the child or children.
Some reasons that may lead to either of these actions or others include the below:
- The petition to relocate fails to adhere to set standards of the law.
- Court approval for relocation wasn’t obtained.
- Relocation occurred without a written agreement of involved parties.
- Evidence from the preliminary hearing suggests that approval of child relocation will not be granted.
On the other hand, the court may enact a temporary order allowing the relocation of the child or children prior to a final hearing. This may take place under the conditions of any of the following:
- The petition to relocate was appropriately filed and complies with set standards of the law.
- Evidence from the preliminary hearing suggests that approval of child relocation will very likely be granted.
The consequences of relocating a child or children without following the law and set guidelines are significant, including changes to the parenting plan or time-sharing.
Legal Assistance on Your Side
In child custody matters, emotions can run high. At Farah & Farah, we protect the rights of our clients and make sure that they have the legal information to make an informed decision and do what’s best for their state of affairs. Please contact us today at (904) 263-4610 to find out more about how we can help.