Relocation

The economic realities of modern life sometimes require that a custodial parent relocate for different reasons. Relocation of children is complex and can lead to litigation because parents do not want to lose time with their children. The non-relocation parent may want his or her desires heard and rights protected.

You should consult with a Parker & DuFresne, P.A. attorney if you are faced with relocation or the other parent wants to relocate with the child. Parker & DuFresne, P.A. provides representation for women and men who are dealing with relocation issues including long distance child time sharing and interstate child custody. We can assist you in reviewing the parenting plan, the current visitation schedule, and the reasons for any relocation.

Florida Supreme Court Approved Family Law Form 12.950(d), SUPPLEMENTAL PETITION TO PERMIT RELOCATION WITH MINOR CHILD(REN) must be filed with the clerk of the circuit court if the following circumstances apply:

  • The custodial parent wants to relocate his/her residence more than 50 miles from the principal residence at the time of entry of the last order that established or modified primary residence, custody, visitation, or time-sharing;
  • The court has not entered an order granting permission to relocate.
  • Relocation will be for 60 consecutive days or more. Vacation, education, or health care absences are excluded.
  • The custodial parent’s court order dealing with custody, primary residence, visitation, time-sharing, or parenting plan was entered before October 1, 2009, and the order does not expressly govern relocation of the child(ren); was entered on or after October 1, 2006; or the custodial parent’s case was pending on October 1, 2009.

After filing, the non-custodial parent and anyone else that is entitled to access, time-sharing, or visitation with the child(ren) must be notified and given a date by which to respond. Then the case proceeds as a default if no response is made, as uncontested if those notified respond by agreeing to the supplemental petition, or as contested if there is disagreement about any part of the supplemental petition. With each of the responses, mandatory disclosure must be made and other papers must be filed prior to a hearing. Following a hearing, the judge will make decisions based upon the child(ren)’s best interests. In Florida, several factors must be considered when one parent wants to relocate with the children, and there is no guarantee the court will allow the relocation. Your Parker & DuFresne, P.A. attorneys will guide you through the process, explaining your relocating rights and protecting your legal interests.

Parker & DuFresne, P.A. serves clients in Duval, St. Johns, Clay, and Nassau counties. If you are dealing with relocation issues, it is imperative that you be pro-active in seeking the legal advice and representation of an experienced Parker & DuFresne, P.A. attorney as soon as possible. Waiting to do so could negatively impact your ability to achieve a positive resolution to the matter. Protect your legal rights by contacting Parker & DuFresne, P. A. at 904.733.7766 or at http://www.jaxlawcenter.com to schedule a free and confidential consultation. At Parker & DuFresne, P.A., our skilled family law attorneys are ready to represent and protect your interests during relocation proceedings.

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