Call Us (Orlando): 321-246-7710
(Ft Lauderdale): 954-703-0005
When a parent wishes to move, it will always be easy to prove why the move is good for the parent. The key, though, is whether the move is in the best interest of the child. A parent may move wherever he/she wishes to go, but, after a divorce, the question is, can they bring their child with them?
Relocation is addressed in Florida Statutes Section 61.13001. Once an order is entered as to a child’s residence, neither parent may relocate with the child. Relocation is a move to a location more than fifty(50) miles away from their principle residence for a period longer than sixty(60) days.
If you wish to relocate with the child, you may do so by either obtaining the agreement of the other parent or by filing a petition with the court. A petition for relocation is not easily achieved.
The court will consider many factors including:
Divorce is not an easy procedure for adults to handle, but it becomes much more complex when there are children involved. For the most part, divorce tends to be the result of two individuals being unable to reconcile differences in their relationship. However, when you have children to consider, it is imperative to separate those differences and ensure that the needs of the children are paramount to the individual needs or wants of each party in the divorce suit.
When you are getting divorced in Florida, the State recognizes the importance of the needs of the child and has strict rules in regards to the parenting arrangements that all parties should be aware of prior to filing for divorce.
The State will file a paternity action. As a part of this paternity action, parentage will be established by a DNA test or consent, and child support will be calculated and ordered. The State, however, will not get involved in parental responsibility or time-sharing determinations. To establish or address parental rights and responsibilities, a paternity action must be brought in the domestic relations court.
Any parent who has physical custody of a child may ask the State to assist them in obtaining financial support for a child. In addition, whenever any parent requests assistance from the State, such as food stamps, welfare, or TANIF (Temporary Assistance for Needy Families), the State will bring an action for support on behalf of the parent who has made the application. In fact, part of the parties’ request for assistance from the State requires them to assist the State in bringing this action.
Once an order is entered requiring that a parent pay child support, the State will also assist in enforcing these orders. To do so, a motion for contempt and enforcement may be brought. The State may also suspend a nonpaying parent’s drivers license, intercept his/her tax refund, or take other actions intended to enforce the order and require payment of support. When a parent’s drivers license has been suspended, he/she may file a motion with the court asking that it be reinstated. These motions are more likely to be granted when the parent makes a good faith effort to make support payments and they are typically filed in conjunction with a petition to modify child support.
Mary Zogg has extensive experience in assisting Orlando, Winter Park, Maitland, Longwood, Central Florida and Fort Lauderdale residents who require professional Parental Relocation with a Child, Divorce, and Family Law Attorney legal services.
FAMILY LAW ADVOCATE
Mary Zogg , Attorney at Law
Call Us (Orlando): 321-246-7710
Ft Lauderdale: 954-703-0005