Parental Relocation Lawyer Serving Daytona Beach, Palm Coast and Ormond Beach
Life happens. Sometimes after a Divorce one party may need to relocate – for a new job, for family support, or due to the needs of a new spouse. The Relocation of a parent, regardless of their existing amount of time-sharing, can greatly impact an existing Parenting Plan, even if the move is not very far away. A Parental Relocation in Florida is a special type of Divorce Modification Action meant to address these situations when there is a minor child involved. This process applies as well to any person acting as a parent by way of a court order.
Addressing Potential Issues in Advance
If a parent seeks to relocate more than 50 miles from their residence at the time of the last Order establishing a Parenting Plan, they must either have the consent of the other parent, or permission from the Court. Relocations of even relatively short distances can impact a parent’s Time-Sharing with their child, travel and communication provisions in a Parenting Plan, and even Child Support if the Time-Sharing Schedule is significantly altered. Attorney Gerard V. Muriello can help analyze the impact of a proposed relocation on your Parenting Plan, and advise you accordingly.
All efforts should be made to reach an agreement, however sometimes, litigation is a necessity. These cases are usually most contentious when it is the parent with Majority Time-Sharing who seeks to relocate. The other parent has the opportunity to object to the relocation. It is then up to the parent seeking to relocate to prove that such a move is in the best interest of the child, by a separate and specific list of factors contained in the Relocation statute. The Minority Time-Sharing parent can still stop the relocation, if they can show the court that quality and nature of their relationship with the child cannot be maintained by any reasonable replacement Time-Sharing Schedule.
Parental Relocation Attorney Serving Flagler and Volusia Counties
To discuss a parental relocation with an experienced lawyer in Daytona Beach, Florida, call 386-872-4909 fill out our contact form today.