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Relocation law may apply to your move

| Mar 29, 2021 | Firm News |

Like many other states, Florida has a law which explains how a resident of the greater Fort Lauderdale area who wants to move should go about doing so if they are subject to a court order establishing access and parenting time to their children.

The so-called Relocation Law also covers many situations in which the child’s father is named on a birth certificate, even if there has been no official determination about child custody and parenting time.

The law does not apply to every move a parent makes. There is an exception for certain temporary moves, and moves which are less than 50 miles are also not subject to the law.

However, those contemplating a short-distance move should still review their court orders and consider consulting a family law attorney.

Parents subject to the Relocation Law risk a lot by ignoring its details

The requirements of the Relocation Law are detailed in many respects.

The basic idea is that a parent who wants to move will either have to get a signed agreement from the other parent or request permission from the court to make the move.

The other parent also must receive adequate notice of the request to move and be given a chance either to contest the move or ask for a different parenting plan.

Not following the Relocation Law can mean serious consequences. A parent who violates itmay be held in contempt or have to pay the other parent’s costs and attorney fees.

The court may also consider the violation as a reason to disapprove of the move or even change custody.

The court may have to hold a hearing before approving a move

If the parent who is not moving objects to the move, then the court may ask both parents to appear for a hearing. At the hearing, the parent wanting the move will have to show the court evidence that the move is in the best interest of the child. The court will consider a number of legal factors when making this decision.

A parent may want the assistance of an attorney in representing his or her position in front of the court.