Preparing for the possible move during the initial custody arrangement is extremely helpful in the long run. Some parents will include a clause in their custody agreement that sets out scenarios that will happen when one of the parents moves, saving both parties money and tons of frustrating hours inside and outside the courtroom. In some cases, in addition to this relocation clause, a proposed visit plan is created to save even more time. It is important to have a lawyer to represent you and your side of the dispute, especially if you are the parent who is not moving and you believe that your reasons for rejection are valid. You usually don`t have much time to respond to a proposed move, and you could quickly face a process or hearing because the move is required by law to be a priority when planning. If you believe that a move proposed by your child`s other parent could harm you and refuse the move, or if you are a parent who wants to move with your child, do not hesitate to contact vasquez lawyers at Lara Law Group today to get the qualified family law representation you need! Although the resettlement application process is much better presented than most others, there are still many areas that are too complicated and cumbersome to decipher for those who are not familiar with custody. In addition, many resettlement procedures differ from state to state, so you should consult with someone who knows the specifics of your particular location. When caring for your child, it is always recommended to seek legal help from a professional. In the long run, this will save you a lot of frustrating hours. Once the other parent has had the opportunity to formally respond to your request to move to Florida, a hearing takes place.

The judge makes his decision on the basis of the best interests of the child. See the Florida custody case of Mize v. Mize. The judge`s main concern will be the needs of the child, not the wishes of the parents. For this to be an effective resettlement agreement, both parents must agree to the terms. In addition, all other eligible parties must also agree to the move with the child. The agreement must be reduced to writing and include a parenting plan. The parenting plan should detail the timeshare schedule for custody after the move.

Parents should also consider and describe the timeshare transportation agreement in the parenting plan. In addition, to be legally valid, the agreement must be submitted to a competent court. Finally, the agreement must be ratified by a family court judge. Most states require that a formal written notice be sent to the parent who does not move within a certain period of time. In the State of Florida, Florida Law 61.13001 requires the party who is moving to obtain the consent of the other parent or a court order before the move takes place. Getting consent when forming the first agreement is recommended Parenting can be quite difficult, and moving and moving to another area is also difficult. Legal representation and advice from an experienced florida family law attorney is essential to ensure that you have taken all the necessary steps, but have also presented your best case for a move or a challenge to a move. If you already have a parenting plan in place, you must submit the moving request immediately. A lawyer on duty can help you file the documents on your behalf and navigate the case through the court. You are not required to hire a lawyer on duty, but it is highly recommended that you do so.

Whether both parents agree or are in a fierce battle for custody, we can help. Our team of experienced custody lawyers is committed to providing world-class legal representation at a reasonable cost. If you need legal help, call us today. We are at your disposal 24/7 to answer your call. If a parenting plan or paternity order has never been issued, you may not need to apply for a move. However, in many cases, it is still recommended to request a move, even if it is not technically necessary. Otherwise, you run the risk of the other parent filing a custody complaint in Florida shortly after the move. Judges cannot have a positive opinion of the relocation and demand that the child be returned to the other parent.

This is especially a problem when one parent moves without first obtaining the consent of the other parent. Divorce and child custody in Florida can be a bit of a tricky process. A custodial parent in the Sunshine State who wishes to move a child more than 50 miles away for more than 60 days must notify the other parent by law AND obtain consent. If the consent of the other parent is not given, a court order MUST be obtained. There are various possible outcomes depending on how the other parent feels about the move, which could even lead to litigation. Read on to learn everything you need to know about moving and caring for children in the state of Florida. Florida`s custody law may require a parent to seek consent from their ex or a judge before moving more than 50 miles away. See Florida Child Custody Statute 61.13001. Failure to comply with the law can result in contempt of court.

In addition, the court may force the return of the child and take into account the actions of the parent when determining custody. If the parent who is not moving objects to the move, a hearing or court case must take place before the move can take place. An objection to resettlement must be considered and provide the real basis for why resettlement should be rejected. In addition, the opposition must include a statement setting out the involvement of the parent who does not move in the child. The appeal process for child relocations to Florida can be confusing without legal training. If you need help fighting a relocation case, contact a guard attorney in Tampa for advice. But sometimes families don`t come to an agreement. If both parents fail to reach an agreement, a resettlement procedure is set out in Florida`s statutes, section 61.13001, which states that the moving parent must file a resettlement application and hand it over to the other parent. In this relocation application, the moving parent must indicate the new location, the proposed parenting plan and the reasons why the move is in the best interests of the moving parent AND the minor child in order to succeed. It is very important to discuss this issue with an experienced family law lawyer who can guide you through this technical process. There are certain conditions and formulations that must be included in this filing to inform about the procedures and rights that the parent who does not move must contest, and if this is not the case, the submission is not invalid.

The parent who does not move then has twenty (20) days to respond and contest the move. If the parent who does not move contests the move, the court will schedule a hearing within 30 days of filing. If an application for custody or paternity has already been filed, you will probably need to file an application for resettlement. After a parenting plan has been issued in Florida, steps must be taken before moving with the child. Under Florida`s Custody Act, the move is any move that is more than 50 miles from the current residence. If the parents do not agree, the court must intervene to decide on the move. In such cases, it is important to have a lawyer on duty by your side. Under Florida law, a parent who wants to move with their child must follow certain steps. “Move” means a change in the location of your primary residence, which is at least 50 miles away, and for at least 60 consecutive days – this may be in the state of Florida or another state. (Note: This does not include a temporary absence from the principal residence for reasons of vacation, education or health for the child.) 1 In custody cases, it is important to understand how judges think and deal with such cases. The judge will have a lot of discretion as to who wins a Florida relocation case. An experienced lawyer should be able to present the facts in the most convenient way for his client.

If you need information on how to win a child resettlement case in Florida, contact Florida Law Advisers. The above list is not exhaustive; a court will consider many other factors in resettlement cases. For more information, see Florida Custody Statute 61.13. If you need help with a specific relocation case, contact a custodial firm for advice. A written declaration is required in all cases, but if both parents agree to the move, they can file a written agreement with the court. It must include the consent of the parent who does not have custody of the move, any necessary changes to the visit schedule and a record of all transportation that the parents have obtained for the purpose of the visit […].