Divorced Parents and Relocating

The logistics involved with adhering to a parenting time schedule is bound to challenge any parent at some point. Divorced parents do have an interest in ensuring their child has regular contact with an ex-spouse, but the realities of transporting the child between both households can, and probably will, create difficulties from time-to-time. This issue exists even when parents live in close proximity to one another, but are greatly compounded if a parent later decides to relocate to a distant city or state. Because of the significant ramifications relocation has on a parent’s child custody rights, any time a parent wants to relocate with a child, approval must first be obtained from the other parent and/or a court. Moving a child far away from the other parent without prior authorization can bring serious consequences, including criminal charges and restrictions on child custody.

In a real-world example of how serious it is to move a child without permission, a man was recently sentenced to 14-months in jail after he left Oregon against a court order, and hid is daughter in the Orlando area for over two months. Any time a parent unreasonably interferes with the custody rights of the other parent, he/she risks serious legal consequences, and unauthorized long-distance relocations fall into this category. An overview of the procedure to legally move a child when custody is shared with another parent will follow below.

When Relocation Authorization Is Required

Understandably, the law is not interested in regulating every move a parent, who shares custody, makes with a child. The law is only interested in intervening when the move would impact how often the other parent would be able to see the child. Thus, when a move would take the child 50 or more miles away from the child’s principal residence as of the last time a custody order was issued by a court, the consent of the other parent and/or approval by a court is necessary prior to the relocation.

Relocation by Agreement vs. Petition

As noted above, relocation is permitted if the parent moving with the child first obtains the other parent’s written consent or court permission. Valid relocation agreements between the parents must contain:

• consent to the relocation;
• access or a time-sharing schedule for the non-relocating parent; and
• transportation arrangements related to access or time-sharing.

Absent written consent, the relocating parent must petition a court to approve the relocation, and the petition must include the reason behind the relocation, including a copy of a job offer, if applicable.

Objections

When a parent seeking relocation with a child petitions a court for approval, the other parent must receive a copy of the petition, and has 20 days to file an objection to the request, which must include the basis for the objection. In this situation, the court makes the final determination on whether to allow the relocation, and bases its decision on the evaluation of certain factors, including:

• the nature and quality of the child’s relationship with each parent;
• the age and needs of the child, and how the relocation would likely affect the child’s physical, emotional and educational development;
• how feasible it is to preserve the child’s relationship with the non-relocating parent under a different time-sharing arrangement;
• the child’s preference, if the child is of sufficient age and understanding to make a reasoned decision;
• if the relocation would improve the child’s and relocating parent’s quality of life; and
• if the relocation request was made in good faith, and if the objecting parent is current on financial obligations to the other parent.

Consult a Family Law Attorney

Relocation with a child is a substantial issue for both parents, and the services of a family law attorney should be sought to ensure all potential issues are addressed to avoid unnecessary future conflicts. The Tampa Bay law firm All Family Law Group, P.A. is well-versed on the laws related to relocation, and is available to answer your questions on this issue.  Contact the Tampa divorce attorneys and family lawyers at All Family Law Group, P.A. in Tampa Bay at 813-816-2232 for a consultation at no charge or email us.

by Lynette Silon-Laguna Google+

Relocating with a Child May Require More than Hiring Movers

The world is now a smaller place due to advances in technology that allow us to travel faster and stay in constant communication. One significant byproduct of this change is people are much more mobile today compared with previous generations. Moving for a job or a change in lifestyle is now considered normal, and divorced parents, while needing to consider additional concerns, are part of this group. Certainly, all parents must weigh the impact of uprooting a child to a new place before deciding if the transition is in the family’s best interest, but when child custody issues are put into the mix, the decision becomes complicated. The law recognizes the fact that people with shared parenting responsibilities relocate all the time, while also taking into account the competing interest of the parent left behind who will lose regular contact with the child. Consequently, rules are in place to regulate these circumstances, which are aimed at determining if the move is in the child’s best interest, including an assessment of whether the motivation behind the relocation is legitimate and not vindictive. Parents who have conflicted relationships with ex-spouses may want to avoid a discussion on this issue, but relocating parents cannot keep the other parent in the dark. An overview of the legal requirements for a parent planning to relocate will follow below.

Agreement vs. Petition

As a preliminary point, these rules only apply to changes in the parent’s residence that are greater than 50 miles and expected to last more than 60 days. Any relocation less than this distance does not need parent or court approval. At a minimum, the parent seeking to relocate with the child must obtain the consent of the other parent, and memorialize the agreement in writing. The written agreement must include an affirmative acknowledgement of the other parent’s approval and a plan for how the parenting time arrangement will be modified to reflect the child’s new location. If consent is not obtained, the relocating parent must receive permission from a court to move forward. This requires the parent to file a petition in court, and serve a copy to the other parent so he/she has notice of the legal action. The petition must include a description of the reason for the move and a revised timesharing and travel schedule for the child, or it will be dismissed.

Contested Relocation

Once a parent receives notice about a potential relocation, that parent has 20 days to contest the request. If the parent fails to do so, the relocation will be granted without a hearing or notice, unless it is against the best interests of the child. Filing a response to contest the relocation will put a temporary hold on the move until the matter is settled. The parent seeking to relocate has the obligation to show why the move is in the child’s best interest, but if this burden is met, the responsibility to demonstrate why the move is against the child’s best interest shifts to the parent contesting the move. To evaluate what is in the child’s best interest, courts weigh a number of factors, including how the move will affect the nature and quality of the relationship with the non-relocating parent and how the move may impact the child’s development. Some other factors are:

• the child’s preference, assuming the child is mature enough to make a reasoned decision;
• if the relocation will improve the quality of life for the relocating parent and child;
• if the relocation is requested in good faith; and
• the reason each parent is asking for or objecting to the relocation.

Talk to a Florida Family Law Attorney

If your child is involved in a possible relocation, seek the advice of an experienced family law attorney well before the planned moving date. If a parent relocates with a child without fulfilling the necessary legal requirements, serious legal consequences could follow, including potential loss of custody. The attorneys at the Tampa Bay law firm All Family Group, P.A. understand what is at stake in child-related matters, and will work to get the result is best for your family.  Contact the Tampa divorce attorneys and family lawyers at All Family Law Group, P.A. in Tampa Bay at 813-816-2232 for a consultation at no charge or email us.

by Lynette Silon-Laguna Google+

Moving Away with Children after a Divorce

A divorce can cause a lot of emotional turmoil and can disrupt the family for a long period of time. The children are of utmost importance when making the many decisions that are involved in the divorce process. In Florida, as in other states, the courts are required to make judgments that are in the best interest of the children. The major parenting decisions are handled in with a document called a parenting plan. The parenting plan details how the care and custody of children will be handled after the divorce is finalized.

Child Custody

Most parents today take part in what is known as “shared parenting”. This means that both parents share legal custody of the kids. Legal custody refers to the major decisions that must be made for a child. For example, some of the important decisions include medical, educational, and religious options. Physical custody is simply the location where the children reside. Sometimes one parent has primary physical custody while they share legal custody with the other parent.

Moving Out of State

Once a parenting plan is put into place as part of the divorce, it is a legal order and must be followed. Both parents are typically allowed access to their children. Moving to another state would severely limit the contact of one parent, so it is usually not allowed. If you are considering a move to another state and you are the primary custodial parent, you must first consult your divorce documents. Determine how a potential move is to be handled. This is often covered as part of the parenting plan.

Request a Hearing

A change to the divorce order, including changes to a child’s residence, must be made through the court system. Even if the other parent agrees to the move, the change must be made legally by a judge. However, in many cases the other parent will not approve of the move. The first step is to discuss the matter with an experienced divorce attorney. Your lawyer will assist you in taking the steps needed to request a hearing.

Preparing for the Hearing

The hearing is the court date during which the judge will review your request and make a determination. Both parents are required to attend the hearing. Each parent is allowed time to present information and data to support their position. It is important to remember that the judge will always make a decision based on what is best for the child. All aspects of the case will be reviewed when making such a serious decision.

It is helpful for parents to have a plan in place that addresses how visitation will occur in the future. When the children are older, typically over age 12, they may be consulted regarding their wishes. This would be done by the judge, often in chambers. The courts always make sure that the children are protected and the decision will reflect that.

If you are considering making a move out of state, or your former spouse has requested to move with your child, you need help from a skilled legal team. Contact the Tampa divorce attorneys and family lawyers at All Family Law Group, P.A. in Tampa Bay at 813-816-2232 for a consultation at no charge or email us.

By Lynette Silon-Laguna Google+

Divorced and Moving On….with the Court’s Permission in Florida

Picture this: you’re divorced from your former spouse with whom you have a minor child. During the divorce proceedings, you are deemed the custodial parent. You and your former spouse get along amicably and follow the child visitation plans without issue. A few years following the divorce, you get an offer for your dream job in Denver, CO. You are ready to go, but before you do, you may need to get the court’s permission.

Relocating Outside of Florida

Florida has a specific statute that provides the rules for relocating 50 miles or more when a minor child is involved. The legal term for moving the child out of state is “relocation.” The statute requires that the relocating parent receive written agreement to the move by the noncustodial parent, or request the court’s permission. As a practical matter, it will be easier if you can get your former spouse’s agreement to the relocation. However, even if they do not agree with the move, the court still has the power to grant permission for the move.

How the Court Decides

One of the most important phrases in the realm of family law is “the best interests of the child.”  The court will generally allow relocation, even if one parent objects, if it determines that it is in the best interest of the child. The court’s primary concern is your child’s best interests, not yours or your former spouse’s. Thus, a great career opportunity alone may not be a good enough reason to allow relocation if the court finds that uprooting the child from their home, established routine, and support system would be harmful to the child’s well-being. After all, moving can be tough on children. This is one of many reasons why you need a strong advocate explaining your position to the court.

The judge will make the decision on a case by case basis. Every case, like every family, is different. However, the law provides some guidance as to factors that should be considered. These factors include, but are not limited to:

●      The child’s relationship with the non-relocating parent, siblings, and other relatives;

●      The child’s age, development, and the likely emotional impact of the move;

●      The possibility of preserving long-term relationships even after the move;

●      The child’s personal preferences (if they can be meaningfully obtained); and

●      The overall potential benefit of the move on the child’s quality of life.

It’s important to remember that none of these factors are determinative; the judge weighs and reviews them to help decide whether the relocation would be in the child’s best interest. Also, in most cases the burden of proof is on the parent wishing to relocate to show by a preponderance of the evidence that that move is in the child’s best interest.

Contact a Tampa Bay Divorce Attorney

No matter the specifics of your family situation, there are complex procedural rules that must be followed when relocating with a child. For this reason, the safest course of action is to have a Florida family law attorney analyze your situation prior to your move and help you through the process.

At the All Family Law Group, P.A. we understand that family decisions, like relocation inside or outside the state of Florida, are about more than just the law.  The goal of our family law attorneys is to ensure that you understand both the legal and practical implications of your decisions. If you or your spouse is considering relocation, contact our Experienced Attorneys & Counselors at Law since 1997 Serving all of Tampa Bay. Call 813-672-1900 now for a free initial consultation www.familymaritallaw.com. We can help you understand the law and develop a plan of action that is in the best interest of you and your child.

By Lynette Silon-Laguna Google