Tampa Relocation Lawyer
After a divorce with children, there are custody agreements that need to be sorted out. Where does the child live? Where will they go to school? What is the visitation schedule?
But even once the agreement is in place, things can change. The custodial parent may need to relocate for some reason. They may need to move to another area or even another state for a job or to be closer to family. When this occurs, it is called relocation.
A parent cannot simply relocate with their children. There is a process they must go through to inform the other parent and ensure their visitation rights are upheld. Have questions about the process? Westchase Law can help. Seek legal assistance from our knowledgeable Tampa relocation lawyers today.
What is a Relocation?
First, it’s helpful to understand what a relocation is. What if a parent moves to an adjacent neighborhood or the next town over? That’s not considered a relocation. Under Florida law, a relocation is defined as a parent moving 50 miles or more from the current residence for a minimum of 60 days. If a parent has to temporarily move for medical care, education, or a vacation, then that is not considered a relocation.
The parents may come to an agreement regarding a relocation on their own by signing a written agreement that spells out the terms of the move and new custody arrangements. The agreement must show that both parents agree to the relocation, include a time-sharing schedule for the non-relocating parent, and show how the parents will transport the child for visitation with the parent. The parents can then sign and file this contract with the court and have it approved without a formal hearing.
If the parents cannot agree on the relocation, then the relocating parent must file a petition and serve it on the other parent. The other parent then has 20 days to respond. If there is no response, the court can grant the relocation request without a hearing.
The signed petition must include:
- The physical and mailing address of the new location
- The home telephone number of the new residence
- The date of the intended move
- The specific reasons for the proposed relocation
- A proposal for the revised access and time-sharing schedule, as well as transportation arrangements
The parent needs court approval before relocating. Otherwise, a judge can find the parent in contempt of court.
Contact Westchase Law Today
While staying in the same location may be ideal for children, sometimes life changes and people need to move. Moving to a new location can be beneficial, but doing so after a divorce can be complicated. It is important that all the requirements are met.
The team at Westchase Law can help you understand the process. We’ll help you understand your rights and responsibilities. To schedule a consultation, call our Tampa relocation attorneys at 813-490-5211.