Florida child custody matters are often complex. A parent who petitions a judge to relocate to another city or state only makes matters worse. Some relocations may be unavoidable for you, but that doesn’t mean that a judge will rule in your favor though.
Family law judges often require custodial parents to give written notice to the noncustodial one that they plan to move to another city or state with their shared child. The amount of notice that a mom or dad has to give the other varies depending on the jurisdiction. It can be as short as 30 or as long as 90 days. Custodial parents are required to ample notice so that the child’s non-custodial mom or dad has time to challenge the request.
Most states only allow moms and dads to relocate with their children after receiving express consent from the other parent to do so.
Judges in Fort Myers and elsewhere in Florida generally require a parent to present them with a proposed visitation schedule for them to even begin considering allowing for the child to be moved out of state. The parenting plan between both parents must be updated to reflect this. If it’s not, then the parent who remains behind could accuse the other of violating the parenting order.
Florida family law judges are most concerned with rendering decisions that are in the best interest of the children that they serve. A judge may restrict how far away a parent can move from the other one if think that it will adversely affect how much time a child can spend with their mom or dad.
Judges often spend significant time questioning parents that express an interest in relocating. If they’re doing so to be closer to family, to pursue an education, to obtain a better job or to reduce their living expenses, then they may consider approving a parent’s petition.
Most judges believe that it’s in the best interest of children to spend equal amounts of time with both parents. Relocating a significant distance with your child can make it hard to facilitate this. If you’re planning to move away with your son or daughter, then you’ll want to get the process started soon. A Fort Myers child custody attorney can advise you of what you need to do to have the best chances of being allowed to relocate in your case.