Parental Relocation Attorney In Jacksonville
What To Do About Moving After A Divorce
After parents get a divorce, it's not unusual for one or more aspects
of their lives to change significantly as the years go by. Whether one
parent went back to school and earned a degree in a new field, or if another
parent fell in love with someone in another state and wanted to relocate
to begin their new life together, as people move on with their lives,
they often times find the need or desire to move out of the area. When
the party that wants to move is the primary residential parent, they can't
necessarily just pick up and move away with their child, especially in
cases where the court has ordered shared parental responsibility amongst
There are many valid reasons why the primary residential parent may want to move:
- They may want to move closer to family where there will be more emotional
support and help with taking care of the child
- They may have received a job offer that would dramatically improve the
child's standard of living
- They may need to move for a new spouse's job.
In order for a primary residential parent to move, they will need to petition
the courts for an approval first.
Factors the Court Considers in a Relocation
The Florida Courts do not make any presumption in favor or against a request
to relocate when the primary residential parent seeks to move out of the
area or out of state with the child. Because such a move can certainly
affect the current schedule and access with the secondary residential
parent, the court must carefully examine all of the relevant facts in
order to determine if such a move would be in the best interests of the
child. In cases of a relocation request, the courts must consider:
- If the move would improve the child's quality of life.
- The current visitation arrangement and to what extent it has been exercised.
If the primary residential parent is likely to comply with the new
- Whether the new visitation arrangement would be adequate enough to facilitate
a meaningful and continuing relationship with the secondary residential parent.
- Whether one or both parties could reasonably afford the costs of transportation.
- Whether the move would be in the best interests of the child.
For those arrangements where shared parental responsibility has been awarded,
the courts will carefully consider the child's best interests. Such
factors that go into determining the best interests of the child include:
1) the love and affection between the child and the secondary residential
parent, 2) the child's home, school and community ties, 3) the mental
and physical health of both parents, 4) any history of domestic violence,
5) any history of drug or alcohol abuse, 6) the permanence of the existing
custodial home, and 7) the moral fitness of each of the parents.
Relocation Procedures in Florida
This situation may also affect the non-custodial parent. He or she will
most likely desire to have their voice heard in the situation because
it will affect their chance of seeing the children. Either party involved
in the situation will probably require legal representation to have their
individual rights protected. The non-custodial party may request a
modification of child custody prior to this relocation. If you are a parent involved
in a relocation situation, you will have to understand the affect it may
have on the parenting plan and court orders.
The modification of child custody or on a parenting plan can only be executed
after several factors are clearly evaluated. To adequately ensure that
all party's' rights are valued, the following factors will have
to be taken into consideration:
Parenting plan agreement
- Visitation schedule
- Reasons for relocation
- Benefits of relocating
- Distance from present location
There is no promise that the court will approve the relocation, and if
they do not, the court order will not condone any relocation efforts.
It is very important to enlist help from a strong and capable lawyer so
that all factors can be worked out prior to requesting the relocation.
Work with My Firm on Your Relocation Case
Relocations can be a sensitive issue for all parties involved, and the
outcome of such a move could have a significant impact on many lives.
Whether you are the primary residential parent who is seeking to relocate
to another county or another state with your child, or if you are the
secondary residential parent who is seeking to contest such a move, as
a custody attorney with over two decades of experience working in matrimonial
and family law, I am well-qualified to help you prepare your case and
present it before the family court judge.
I understand how relocation cases are not only important matters, but their
outcome can affect your child's life and your relationship with them
for years to come. At Charles E. Willmott, P.A., you will get superior
representation from an attorney that is Board-Certified in divorce and
family law; there are only a handful of attorneys that are Board-Certified
by The Florida Bar, and only those that are certified can advertised they
are experts in a certain legal field. When you are dealing with a relocation
matter that is so important, you want to trust that your attorney is competent
enough to handle the job effectively on your behalf. For more information
on Florida custody laws,
please contact me today; I look forward to helping you achieve the outcome you are hoping for.