Relocating vs. Moving with Your Minor Children in Florida
Parents are moving and relocating now more than ever for a variety of reasons. What’s the difference between moving and relocating? If you’re co-parenting, the difference between moving and relocating is moving in excess of 50 miles from your current home. If you have shared parental responsibility in Tampa Bay and you wish to move in excess of 50 miles from the address listed on your last order, consulting with our Tampa child custody lawyers will be beneficial. Have you received and object to a Petition to Relocate with a Minor Child in Tampa Bay? Call (813) 879-4600 to schedule a thorough consultation with our parental relocation attorneys. Remember, time is of the essence in any legal matter and your initial response to this petition should be well thought out and adhere to the Florida Statutes and rules of procedure.
Parental Relocation with a Minor Child & Florida Law
Florida statutes regarding parental relocations are clear. The burden of proof that the relocation is in the best interests of the child rests on the parent who wishes to relocate. Further, Florida family law rules of procedure must be taken into account. Once a petition is filed with the courts, you can anticipate a hearing within 30 days of the or a trial within 90 days of the filed motion. If your case goes to trial, you’ll want an aggressive Tampa Bay child custody litigation attorney by your side. If you are not in agreement or if you believe that ‘relocating” will be in the best interest of your minor child, hiring the very best Tampa child relocation attorney for your needs will be very beneficial.
Agreeing to a Parental Relocation, Your Finances & Child Support Obligations
Even if you are on board with your ex relocating with your minor child, it is wise to understand how the laws in Florida may affect your finances and your child support obligations.
- Are you currently paying child support?
- Are you receiving child support?
- Will child support be re-calculated due to less overnight visits if the relocation is granted?
- Who will pay for travel and other expenses for long distance timesharing?
- Who will pay the attorney fees?
- Will your share of cost for medical reimbursements, insurance or other obligations change?
As you can see, even if you are agreeable on reduced timesharing and a long distance parenting plan, there are several things that should be addressed prior to agreeing to a child relocation. Our Tampa parental relocation attorneys can help you to draft an agreement that is in your family’s best interest, while keeping conflict to a minimum. If you and your ex are amicable, our calm, focused legal solutions and counsel can help you to remain collaborative– or if your case goes to trial, we will aggressively litigate the petition to relocate with a minor child on your behalf.
If you aren’t well versed in Florida’s parental relocation laws, we have highlighted the important parts below or you can learn more: Tampa Bay Parental Relocation Attorneys on Why You Might Need One.
When moving a child more than 50 miles away, a parent generally has the following options available to them;
- Obtain an agreement/consent with the other parent who has shared parental responsibility; or
- Seek court approval for the relocation with a Petition to Relocate with a Minor Child
Typically, an agreement will simply be a revised time-sharing schedule that includes updated provisions for transportation as well as any child support adjustments when it’s applicable. If no agreement can be reached between the parents, a parent will need to petition for relocation with a Tampa Bay court prior to relocating. Doing so without the court’s expressed permission can be a risky move that may result in dire consequences.
Keeping Conflict to a Minimum with Sound Counsel & Family Law Legal Solutions
Emotions tend to run high in any child custody matter, even when co-parenting has been a non-event and relationships are amicable. At Nilo J Sanchez & Associates, we know how to keep conflicts to a minimum. Whether you object to your child’s relocation or you are wishing or needing to relocate, consulting with an aggressive Tampa child custody attorney is your best option.
If you are a mom or dad experiencing high conflict Tampa Bay child custody attorneys Nilo J Sanchez & Associates vow to protect your parental rights. Whether you’re divorcing, have post judgement child custody issues or you’re unmarried and needing to establish legal paternity, we’re here to offer sound legal counsel and aggressive representation.
Time is of the essence in any child custody matter however, please call (813)879-4600 or leave us a secure message below to schedule a consultation if you have received a Notice of Intent to Relocate or a Petition to Relocate with a Minor Child in Tampa Bay. If you wish to relocate with your minor child and your case is in Hillsborough, Pasco or Pinellas County, Florida, consulting with a seasoned Tampa child custody lawyer prior to doing so is also in your best interest.