Pensacola Family Law Attorneys Serving Escambia County FL

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General Family Law Information

Topic: Relocation of a Child in a Parental Geographic Move

In 2006, the Florida Legislature elected to address and rewrite the procedures regarding relocating a child when the primary custodial parent chooses to move outside of the jurisdiction of the current standing court order.

The standard for determining if a parent may relocate a child in a move is if the relocation is fifty miles or greater from the current address where the minor child primarily resides.

The current legislation sets forth the following regarding an attempt to relocate a child if the primary custodial parent intends to move farther than 50 miles:

  • The moving primary custodial parent must obtain permission from the non-custodial parent and/or the family court which currently has jurisdiction;
  • The moving parent must file a legal Notice of Intent to Relocate which includes new address, phone number, the reason for the proposed relocation, and a proposal for accommodating the other parent’s access, visitation, or time-sharing rights.

Upon receiving the relocation notice in writing, the non-custodial parent has 30 days to file an objection notice regarding the move or any other part of the relocation notice. Both parents are also given this same 30 day period to negotiate and reach an amicable agreement as to the terms of a new custody and visitation arrangement. Also to be addressed is how financial responsibilities will be divided for travel expenses for both parents to spend fair and reasonable time with their minor children.

If permission or an amicable agreement between the parents cannot be reached during this period, a hearing will be scheduled. In a child relocation hearing, the court will hear the respective arguments and render a decision based on what is in the best interest of the minor child.

Keeping this in mind, it is not uncommon for custody issues to arise as a result of a child relocation request. If the court believes such a move may not be in the best interest of the child, the potential for primary custody to be reversed, while rare, is not unheard of.

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Pensacola Family Law Attorneys Serving:

Escambia County Florida, including: Pensacola, Bellview, Brent, Brownsville, Century, Cantonment, Ensley, Ferry Pass, Gonzalez, McDavid, Molino, Muscogee, Myrtle Grove, Pensacola Beach, Perdido Key, Warrington, West Pensecola.

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