Sarasota attorney William J Leininger is experienced in Relocation Issues
Relocation issues arise when the parent who has the children most of the time finds it necessary to change their residence beyond 50 miles from their present residence.. This move can be for any number of reasons. A parent may need to relocate because of new employment, a new marriage, a new relationship, or to be closer to sick parents, etc. The other parent may oppose the proposed relocation because it presents practical obstacles to that parent's parenting time with the children, or is not in the best interests of the children for other reasons.
Relocation is a change in a parent's primary address from the residence used to establish the original time-sharing or custody order in the divorce proceedings. Basically, a parent cannot move more than 50 miles from the original address, or leave for a duration of more than 60 days without permission of the Court. The parent considering a move must give notice to the other parent by filing a Petition to Relocate prior to the move. The parent wishing to relocate must request prior permission from the court. The court either allows the move or issues an injunction temporarily denying the move. A parent who moves without permission from the court or the other parent can be held in contempt of court and face severe penalties, including the possible loss of custody altogether.
Florida Statute 61.1300 governs parental relocation matters. In determining whether a contested relocation should be approved or denied, the court considers various factors, including:
- The relationship the child has with each parent.
- The child's relationship with their siblings, grandparents and other close relatives or friends .
- The child's age and mental capacity
- Effect of the move on the child
- Whether the relocation improves the quality of life for the child or the parent
- The reasons the other parent opposes the move whether the move is being pursued in good faith or in bad faith
- The existence of Substance abuse and/or Domestic
- Violence issues
Relocation can clearly affect child custody agreements and parenting plans. Even more important, it can seriously affect the children! For over 40 years, Attorney William J Leininger has observed the positive and the negative effects caused by relocation. If your relocation or that of your ex- spouse is necessary, he can help you resolve any issues.
Know your rights concerning parental relocation in Florida Parental relocation cases require an attorney with many years of experience dealing with these cases. If relocation is an issue for you, contact attorney William J Leininger today at 941-727-5555 or contact him online, and request a Free Consultation!
