Modification and Relocation Law in Florida
Relocation of either parent involved in a shared custody or parenting plan in the state of Florida necessitates a modification to the parenting plan agreement. The language of this kind of change is built into most parenting plans because this kind of alteration can come up from time to time.
Parents are actually legally prevented from relocating until both parties have signed off on the relocation. This can cause bottlenecks for those who need to relocate on short notice, but the law exists to protect the children involved in the separation or divorce from being negatively impacted by the actions of their parents. If you need to relocate or you have found out that your former spouse has done so, you can count on the St. Petersburg family law lawyers at Lopez Law to help you with the parenting plan modification process. We have years of experience with these cases and can provide professional and skilled representation for this legal process.
When Does the Florida Relocation Law Apply?
Via Florida Statute 61.13001, the parenting plan will need to be modified if the parent moves more than 50 miles away from the location they resided at when the parenting plan was created.
The law does not apply if the parents were never married and if the child’s paternity was never verified. If someone has parenting rights to a child, they typically have been established as a legal parent before this right was granted. There are instances where the father has never been legally verified as the child’s parent but could have been granted custodial time with the child. This is a very unique situation and one that the court strives to avoid.
Grandparents and anyone else who has visitation rights related to the child will need to obey this legal guideline in the state of Florida. If you are not sure about the law or the requirements of being named as a custodial person for a child in the state of Florida, the legal team at Lopez Law can help. Custodial considerations need to be made carefully for the sake of children involved in divorce, and we have years of experience helping parents and other caregivers come up with parenting plans and custodial arrangements that work.
What Happens After the Other Agrees?
If the other party or parties that are involved in a custodial agreement or parenting plan with you agree that you can relocate, everyone who has custodial rights to the child must agree clearly on the terms of the change. There will need to be alterations to the parenting plan or time sharing agreement in most cases as well. Transportation will often be discussed in the modified agreement to ensure that the increased distance does not negatively impact the child.
The rest of the parties and anyone else who is concerned will then have ten days to request a hearing on the matter of altering the parenting or custodial agreement. After that, the judge will assume that this modified agreement is in the child’s best interest and will sign it. This makes the change part of the new official orders related to time sharing and custodial rights related to the child.
Lopez Law can help you to seek a fast and simple modification of the parenting agreement that you have in place for your child. These kinds of relocations can be very disruptive to children and to the lives of those who need to move to a new location due to work or other demands. We can ensure that everyone affected by this change will be able to come to an amicable agreement in a reasonable amount of time.
What Happens if the Relocation is Denied?
This petition will be provided to the other custodial parties as well, and there will be a court proceeding that takes place in most cases so the judge can talk to all of the parties that are impacted by the request. These kinds of petitions are often most successful when all of the facts are clearly laid out for the judge to look at. This is one of the reasons that you will want to work with us at Lopez Law if your relocation request is denied for any reason.
Relocation and Modification Can be a Smooth Process
If you need to relocate, or one of the custodial parties who cares for your child needs to do so, you will want to work with the team at Lopez Law to handle the process of modifying the parenting or custodial agreement that is in place. You can count on us for caring, attentive support as you navigate the process of modifying your parenting or custodial agreement in Florida.
We are experts in these kinds of cases and are happy to meet with you for a case evaluation. We will research all of the details of your case and ensure that your needs and your child’s needs are met throughout the process. We take pride in protecting the rights of parents and children in the state of Florida, and we work hard for our clients and their children when it comes to modifying or creating parenting and custodial plans.