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Relocation with a child after a divorce

After Florida parents divorce, each will likely have the right to spend time with or have partial custody of their child. Before a child is moved more than 50 miles away from the principal residence, the parent who wishes to relocate with the child must file a petition that includes where the child will be moved and why a move is necessary, unless the other parent agrees to the move. All parties who have rights to the child may object to the petition in writing within 20 days of receiving it.

After receiving the petition, a judge will rule as to the validity of the petition and whether it is in the best interest of the child. If no objection is filed within 20 days, the court will assume that the relocation is in the best interest of the child. However, a judge may still deny the petition if there is sufficient cause to do so. It may also be possible to order a parent to return if relocation has already taken place without a court order allowing it.

A petition may not be necessary if all parties with rights to the child agree to the relocation. This can be done by signing an agreement and submitting that agreement to the court. The agreement should provide information as to how access to the child will be divided and how the child will be transported between the parties.

In any child custody dispute, the best interest of the child will be paramount. Therefore, a relocation may not be permitted even if the parties agree to it. Anyone who is engaged in this type of child custody dispute may wish to hire a family law attorney who can outline the procedures and requirements of gaining court approval for the move.

Source: Online Sunshine , "61.13001 Parental relocation with a child.—", October 29, 2014

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Thompson Family Law, P.A.
3949 Evans Avenue, Suite 206
Fort Myers, FL 33901

Toll Free: 888-550-6071
Phone: 239-243-9297
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