When Can A Parent Move… And Take A Child Along?
Until relatively recently, it was not too difficult for a custodial parent
(i.e., the parent with the most parenting time) to move out of state and
take the children along. That changed in October 2006, when the Florida
statutes were amended with stricter guidelines for parental and child
Whether you are a parent trying to move away with your child, or a parent
trying to prevent child removal, it is critically important to seek legal
advice from a knowledgeable
family law attorney as soon as possible. Parental relocation disputes are complex.
Without experienced legal representation, you may run the risk of losing
your parental relocation litigation.
If you or your spouse wishes to move with the children, you should contact
an experienced lawyer for help. At Anne E. Raduns, P.A., we provide compassionate,
skilled and aggressive representation in relocation cases. Call us in
Ocala at (352) 310-8235 to schedule a consultation. We represent clients
throughout Central Florida.
How The Law Will Affect Your Case
child custody and
visitation agreements are made, the location of the parents and the ease of moving a child from
one home to the other are taken into account. If both parents live in
the same city, distance is generally not a significant factor. However,
if the parent with the most parenting time wants to move to another city
or out of state,
he or she must prove it is in the best interest of the child according
to Florida statue § 61.1300.
Judges take into account a number of statutory factors before allowing
the parent seeking to move to relocate out of state with the child. These
factors ensure that a parent does not move without consideration of the
overall best interests of his or her children.
Some factors used in determining whether relocation is appropriate include:
- Adherence with the current visitation plan
- Relationship between the child and the non-moving parent
- Financial and emotional stability of the parents
- Age of child
Ability to modify the
parenting and timesharing plan
- Amount of time the non-moving parent has with the child
How Does Relocation Work?
If the proposed relocation is uncontested, a written agreement between
the parents will be required which will provide directives for visitation
arrangements. Attorney Anne E. Raduns can help you prepare and file a
motion for a consent order allowing this parental relocation.
If the proposed relocation is contested, the parent who wishes to relocate
must serve a notice of intent to relocate. The parent who is not relocating
must then respond within 30 days, and the court will then schedule a contested
hearing. Many factors are considered by the court, and timelines must
be followed carefully.
If a parent does not follow Florida Statute § 61.13001, he or she
could be held in contempt of court and be ordered by the court to return
Anne E. Raduns, P.A., represents clients in Ocala and throughout Central
Florida. To set up a consultation with an experienced and dedicated family
law attorney, call (352) 310-8235. We can help.