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Determining Custody when One Parent Moves

| Jan 25, 2017 | Child Custody, Firm News

Child custody situations are usually a source of tension—every parent wants the right to his or her child. But child custody cases can be even tenser when one parent plans on moving far away or even out of state. Our Ocala divorce lawyer shares what you should know about child custody relocation laws in Florida.

What Is Considered Moving?

Under Florida law, if a custodial parent wants to move more than 50 miles away for 60 days or longer, that parent must notify the other of the move. Once notified, either both parents will agree on the move or one parent will disagree, and a judge will decide how to proceed.

What If Both Parents Agree?

If neither parent is adverse to the move, they must file a written agreement with the court. This agreement can include the noncustodial parent’s consent, proposals to modify the visitation schedule, and arrangements for visitation and transportation in the future. Often, modifications for visitation will include longer visits given to the other parent, such as breaks and extended periods of time.

Even if both parents agree to everything, the court must still approve the relocation proposal.

What If One Parent Doesn’t Agree?

If the noncustodial parent doesn’t agree to the move, the custodial parent must file a petition for relocation with the court. This should include:

  • The new address and phone number (if possible) of the home the parent wants to move to
  • When the move will happen
  • The reason for the move, whether for a job, to be closer to family, etc.
  • Proposed visitation schedule
  • Notice for the objecting parent with how they can respond to the petition

If the noncustodial parent responds to the petition, there will be a trial or hearing to decide what will happen. If the noncustodial parent doesn’t respond to the petition within an allotted amount of time, a judge will move in favor of the custodial parent.

If you would like to learn more about child custody cases, contact Ami L. DiLorenzo, P.A. and speak with our Ocala divorce attorney today.