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There are occasions when the parent whom minor children primarily resides with may wish to relocate to another area of Florida or out of State. When this is the situation it will directly affect a standing parenting plan court order, including, but not limited to child custody, visitation, potentially child support and other minor child related issues.
The parent who has primary residential custody of the affected minor children cannot simple pick up and move more that 50 miles outside of the principal place of residence identified in the parenting plan court order.
Florida Statute 61.13001 (Parental relocation with a child) States: A “Change of residence address” means the relocation of a child to a principal residence more than 50 miles away from his or her principal place of residence at the time of the entry of the last order establishing or modifying the designation of the primary residential parent or the custody of the minor child, unless the move places the principal residence of the minor child less than 50 miles from the nonresidential parent.
If the primary residential parent wishes to make a geographic relocation with a minor child, he or she must file an appropriate request with the court for a modification of the current parenting plan. The non-primary residential parent has the right to either contest the geographic move or inform the court that the move will not be contested as a result of an amicable agreement between both parents.
Failure to make the move without approval by the court could be considered parental kidnapping. Parental Kidnapping charges will most likely affect your ability to remain the primary residential parent and potentially your freedom as well.
It is important to note that in the State of Florida, “Relocation” means a change in the principal residence of a child for a period of 60 consecutive days or more but does not include a temporary absence from the principal residence for purposes of vacation, education, or the provision of health care for the child.
When a judge hears arguments for and against a geographic relocation where minor children are involved, the judge focus will be on what is in the best interest of minor children that are involved.
If a geographic relocation with a minor child is approved by the court, a modification of the current parenting plan will be necessary, as this will often affect visitation and contact with the minor children and the non-primary residential parent. In some cases this may also affect child support.
BEST LAW, PLLC, vigorously represents the rights of individuals who are currently engaged in a parental relocation with a minor child dispute, divorce, or other family law legal matters.
BEST LAW, PLLC has extensive experience in assisting Lakeland, Winter Haven, Bartow, Polk County, and Central Florida residents and visitors who require professional Child Relocation, Divorce and Family Law Attorney legal services.
Schedule a consultation today, call 863-333-0568 or contact us online.