What is the process for a parent to get approval to move while they have custody of a child?
St. Petersburg, FL – Child custody brings up many unforeseen problems for parents who have to deal with the local court system. When there is a child custody case involving two parents, any parent who wants to move or travel for extended periods of time will need special approval from a judge. This is because the judge still has an obligation to maintain the best interests of the child, even if a move to a different jurisdiction is possible.
Relocation issues in the local courts
Approval by a judge is required in Florida whenever a parent intends to move more than fifty miles away. The other parent with partial custody can also agree to the move. There will be a separate child relocation case generated once one parent files the appropriate documents to begin the process for approval.
When the petition is filed with the family court, it needs to be served to all interested parties. This usually only includes the other parent. If the other parent does not file any kind of objection or response within a certain time limit, the petitioner will be granted a default judgment and be able to move. When one parent does object, they need to attend a hearing and give reasons based on facts why the move should be denied. This objecting parent also needs to give a formal statement that details their involvement with their child.
Some families may be able to move without permission from the courts if there was never a custody or paternity case, however it is always best to check with a family attorney before a move. This is because the courts can take action against a parent who illegally moves away with their child.
Parents who relocate without following proper procedures
A parent who simply moves without notifying the courts can face severe consequences. These can include being held in contempt, or having a mandatory hearing to determine custody. The parent who is in violation will likely have to pay all legal costs to correct the problem as well.
Related child support issues
A related child support order will remain in place unless the parent subject to the order petitions for modification. A move may qualify as grounds to change a support amount, but judges decide this on a case by case basis.
Advice from a local family law firm in Florida
The Law Offices of Yeazell and Sweet handle child support and custody issues for families in the St. Petersburg area. Anyone who needs help from a family law attorney can get in touch with the firm to schedule a meeting and learn more.
Firm contact info:
The Law Offices of Yeazell and Sweet
1901 Ulmerton Road, Suite 435, Clearwater, FL 33762
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