Orlando Child Custody Lawyer
The Florida Relocation Statute defines when and how a parent with custody
rights may relocate when he or she does not have a specific order from
the court. Other laws, including those in the Uniform Child Custody Jurisdiction
and Enforcement Act, must also be considered. When contemplating a significant
move - defined as 50 or more miles away from your current location and
lasting in excess of 59 days - it is crucial that you consult an experienced
and knowledgeable Orlando
child custody attorney to assess your situation and your options. Otherwise, you could be forced
to deal with serious consequences if you fail to follow protocol. If your
actions violate pre-existing court orders, you could face charges of contempt of court.
Fighting for Your Parental Rights
If both you and your child's other parent consent to the move, you
can file a written statement testifying to this fact with the court. At
this time, you can also file a proposed adjustment to the current parenting
time schedule you have arranged. You will need to make sure that everyone
with visitation rights agrees to the move and to all of the related arrangements.
This could include a grandparent or another family member. If the noncustodial
parent does not agree to the move, then the relocating parent will need
to file a petition with the court. An
attorney from our firm can help you understand what information must be included in your court
petition, whether to request or contest a move.
We can also help you understand how the court is likely to view your petition
and what factors will be used in determining whether or not to grant your
request. The court will always prioritize the best interests of the child.
The judge may rule against a move if it appears that it will be a substantially
upsetting and deleterious experience for your child. In addition, the
judge will examine how the child's relationship with the noncustodial
parent will be affected by the relocation. If the child is old enough,
the judge may ask for his or her preference. The judge will also want
to know why the other parent is refusing to consent to the move.
You or your spouse may have decided to relocate in the wake of a
divorce. If your move took you out of state, it could have a significant effect on your
child custody situation - or, if your former spouse was the one to move, you could be
concerned with how that decision will impact the time you spend with your
child. We can help.
According to Florida state
family laws, a relocating parent must obtain permission from the child's other
parent if his or her move is 50 miles or more away and will last for a
minimum of 60 days. Receiving this permission is an essential first step.
If your child's parent failed to secure your permission as a custodial
parent before moving, he or she could face serious consequences, including
contempt of court charges.
Call Richard A. Heller, P.A. for a free consultation!
Searching for an attorney for your child custody case in Orlando? Your
relationship with your child is precious and important, and that's
why our firm will treat your relocation case with the attention, respect,
and priority it deserves. Our Orlando family lawyers have been serving
Central Florida residents since 1990, and we are
prepared to help you overcome the challenges you face and find a resolution that works
for you and serves your child's best interests. Call Richard A. Heller,
P.A. today to set up a
free consultation with a child custody lawyer - (407) 501-4052.