Tampa Parent Relocation Attorney
Are you a parent who is planning to relocate? If you want to move to a new residence, you may need to go through a series of steps to make that relocation happen following a child custody or divorce case involving minor children. Contact our experienced Tampa parent relocation attorney today for more information.
What is Parent Relocation in Tampa?
Parent relocation is a term that usually refers to a parent’s plans to relocate following a child custody or divorce case. Before you begin moving forward with any legal steps to relocate, it is important to determine with certainty whether the move you are planning to make is actually a “relocation” that requires legal action in Florida. Under Florida law, the word “relocation” means “a change in the location of the principal residence of a parent or other person from his or her principal place of residence at the time of the last order establishing or modifying time-sharing, or at the time of filing the pending action to establish or modify time-sharing. The change of location must be at least 50 miles from that residence, and for at least 60 consecutive days not including a temporary absence from the principal residence for purposes of vacation, education, or the provision of health care for the child.”
To be clear, if you are planning to move fewer than 50 miles from your current residence, you do not need to take legal action for a relocation. Further, if you are planning to change residences for fewer than 60 consecutive days, you do not need to take legal action for a relocation. Finally, if your plans to change residences are temporary and are for purposes concerning vacation or education, or concerning your child’s health care, you will not need to take steps for a legal relocation under Florida law.
How should you proceed if your planned change in residence does constitute a relocation under Florida law? There are two ways a parent relocation can occur when it involves a minor child:
- Relocation by agreement; and
- Petition to relocate, with a relocation by court order.
How a Tampa Parent Relocation Can Happen: By Agreement or Court Petition
Sometimes the parents can reach an agreement about relocation. For an agreement between the parents to be lawful, all of the following must be true:
- Agreement is written and signed by both parents;
- Agreement reflects both parents’ consent to the relocation;
- Agreement defines an access or time-sharing schedule for the parent who is not relocating; and
- Agreement describes transportation arrangements for the time-sharing schedule following the relocation.
When the parents cannot reach an agreement, the parent who wants to relocate will need to file a petition to relocate with the court. The parent who files the petition to relocate must serve the petition on the other parent, and the petition must include all of the following elements:
- Full description of the new residence (including the state, city, and physical address);
- Mailing address of the new residence if it is different from the physical residence;
- Telephone number at the new residence;
- Date of the planned move;
- Detailed explanation of the reasons for the proposed relocation (such as a new job offer);
- Inclusion of any relevant paperwork related to the reasons for the relocation, such as a job offer letter;
- Proposed access and time-sharing schedule after the relocation; and
- Specific language in the statute required by Florida law.
Contact The Law Office of Laura A. Olson, P.A. Today
When you need assistance with a relocation in Florida, a lawyer can help. Contact our experienced Tampa parent relocation attorney today for assistance with your case.