A common question that I am asked is if a parent can move away with the minor child without the consent of the other parent.
If there is a current order for time-sharing between the parents, Florida law requires that a parent, who would like to move more than 50 miles away from their home,to either (1) get written consent from the other party; or (2) address it through the court system, which may result in an evidentiary hearing. If the issue of relocation would be required to go in front of a judge, the judge would look to see if the relocation is in the best interest of the child. An attorney should be consulted to make sure the statutory guidelines are properly followed. Further, even if the parties agree to the relocation, an attorney should be consulted to make sure the written consent contains all the requirements imposed by Florida law.
If you or someone you know if planning to relocate with a minor child, or would like to contest the relocation of their child with the other parent, have them call my office for a consultation to ensure that the law is being followed.
Thursday, August 4, 2011
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