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Child Relocation Lawyer in Florida
When a parenting plan is established for a child in the State of Florida, relocation is a huge issue that is addressed. The idea behind any parenting plan is to ensure both parents have easy access to their child, so that the child is getting time with both parents. When one parent proposes to relocate, a specific set of rules have to be followed to allow this relocation to happen, with the goal being that the non-relocating parent does not lose their access to the child.
The State of Florida requires that when one parent wants to relocate more than 50 miles from their current residence, if the other parent does not agree, the court will have to decide. This is where Alfred Marten can help with ensuring the relocation is successful for the parent, and is not going to be an issue for the child.
There are two methods for going about relocation:
1. The parents can agree to the relocation and the related details
2. If an agreement cannot be reached, then this becomes a contested parental relocation and the court will decide
If both parents can agree to the relocation, the agreement must be put in writing. The parents must agree upon how the non-moving parent will see the child, such as holidays, school vacations and the like. In addition, the travel costs associated with the child traveling between parents must be decided. After this agreement has been reached between the parents, the court must then approve the agreement. The court can make changes to the agreement if it feels it is not in the best interest of the child.
Help With a Contested Relocation
The second method, a contested relocation, is a bit more difficult to navigate. In this case, the relocating parent has to request permission to relocate from the court, and the court will review the case. There are several aspects taken into consideration by the court, including how the relocation will affect the non-moving parent’s relationship with the child, if the relocation is in the child’s best interest, and how the relocation will affect the custody arrangement. Although each case is different, past cases show that when both parents are extremely involved with the child, the court will often not grant the parent permission to relocate.
In either situation, legal help will ensure that all the requirements of relocation are met for the court. Alfred Marten is an experienced lawyer in Lake Worth, Florida, who handles both sides of relocation cases. He can help parents reach an agreement, as well as present the case to the court for consideration. Contact Marten-Law, P.A. today to discuss your relocation case.