Orlando Relocation Attorney
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In today’s increasingly mobile society, moving is often a necessity for new employment or a new relationship. However, Florida law restricts the ability of parents to move a child away from the other parent. While it is positive that Florida seeks to ensure that both parents are active in a child’s life, restrictions on moving can act as a hardship to a parent in being able to improve employment opportunities or form a new stable relationship.
If you need to move, or if during your case you anticipate needing to move in the future, it is wise to discuss your situation with a family law attorney. At Ilvento Law, P.A., our Orlando relocation lawyer is a Florida Bar Marital and Family Law Specialist, which denotes the highest level of training, knowledge, and skill attainable. We bring family law expertise with individual focus to your unique situation and needs.
Connect with Ilvento Law for legal assistance with relocation at (407) 915-3438.
Florida Laws Regarding Relocation of Children
Florida law restricts a parent from moving more than 50 miles away from his or her current home (or home at the time a final judgment was entered) for a period of more than 60 days without the consent of the other parent or the court. This law became effective in 2008, and applies to both paternity and divorce.
If you want to relocate, you must, before you relocate:
- File a “Petition to Relocate” with a proposed Parenting Plan.
- If the other parent agrees with the move and proposed Parenting Plan, you must have the court enter an order which confirms that approval.
- If the other parent disagrees, the other parent must file a written objection with the court within the 20-day period. The Court will then decide whether or not you may relocate.
- If you must move for employment by a certain date, you can seek a temporary relocation.
- Relocation cases are supposed to be heard on a expedited basis.
The judge’s decision will be based on what the court deems is in the best interests of the child based upon specific factors listing in Florida Statutes §61.13001(7). A very important aspect of this decision will be whether the child will be able to maintain a positive and ongoing relationship with the other parent after the move, and whether the parents will be able to afford the transportation costs.
If you are planning to relocate to another country, the same rules apply. Our relocation attorney is adept in handling these more complex cases as well.
How to File a Petition for Relocation in Florida
According to Florida Statute, 61.13001, if you are unable to come to an agreement with the other parent, a petition to relocate, you will be required to file the petition for relocation. The parent who will be relocating should be the one to file the proposal.
The following are required in your petition:
- The date that your proposed move will take place
- The phone number and address of your new home
- The reasons, in writing, why you are relocating
- Your proposed plans for transporting the child, to allow visitation with the other parent
- Your proposed visitation schedule that will take place when you have relocated
Once it is filed with the court, you will then need to serve your spouse with the notice. Your spouse will have 20 days to respond to this notice.
Source: Fla § 61.13001
Years of Experience Handling Complex Cases
Our firm is dedicated to bringing you effective solutions for your family law matters, including relocation whether within the state, to another state, or to another country. With more than 24 years of experience as an attorney, many in handling complex legal issues, you can rely on our knowledge, skills, and high level of care in helping you navigate the legal process.
Call our Orlando relocation lawyer at (407) 915-3438 or contact us online to get started today.
Board Certified Specialist in Marital & Family Law
24 Years of Experience Handling Complex Cases
We Take a Team Approach With Each Case to Build the Best Strategy Possible
We Focus on Each Client as an Individual and Create a Unique Plan to Fit Their Needs