21 Apr Under What Circumstances Must I File a Petition to Relocate?
Parenting to the fullest extent of your abilities is something every parent strives toward. Providing the best education, comfort and safe environments for your child to grow up are often the top priorities of caregivers. A stable family can help to ensure this, but, unfortunately, an unstable family can make it nearly impossible. In these cases, relocating your child into new circumstances under which you can provide the best possible care for your child may be necessary.
If you find yourself in this situation, you must make sure that you go about filing for the relocation in the proper manner. When done incorrectly, relocation can turn into an ugly legal mess that will just further increase the stress in your life. Ensuring that this effort to make your child’s life better goes as smoothly as possible is your responsibility as a parent.
Petition to Relocate
In order to relocate with your child, you must file a “petition to relocate” with the proper Florida family court. This is a legal necessity unless it has been pre-negotiated in a “relocation agreement” that you can relocate with the child to certain areas. In most cases, however, any caregiver seeking relocation most serve the petition to relocate to the other guardian in order to begin the process.
New Location Details
Aside from needing to have the petition signed under oath, you will need to provide a complete list of contact and location information for the area you are relocating too. This will include things such as your telephone number, new permanent address, and a date of intended relocation. Finally, you will have to provide a detailed explanation for the planned relocation and a proposed schedule for new visiting hours for each parent.
What Counts as a Relocation?
Understanding what kind of move counts as a legally binding relocation can help save you time, money and frustration. Several criteria must be met in order for your move to a new location to be considered a legal relocation. First and foremost, any area less than 50 miles away from your current residence is not considered relocation in the eyes of the law. You may move yourself and your child in this range at any time without permission from the courts or co-parents. Additionally, you must be planning on staying in the new location for at least 60 consecutive days for your change in address to be considered relocation.
It is important to remember that in the case of medical emergencies, vacations and education based travel, that you will rarely have to file for relocation. However, you may need written permission from any co-parents depending on how long these activities last. Keeping knowledgeable about the legal specificities around these scenarios can be difficult, so always make sure to turn to your attorney for sound legal advice.
Not all Petitions for Relocation are Approved
Not all petitions for relocation will be approved by the courts or co-parents. In order for a party to object to the relocation, they must file a written objection within 20 days of the filing of the petition. If a co-parent fails to respond to the petition at all, either positively or negatively, the relocation automatically becomes approved after this 20 day period. However, if it is decided that the relocation is not in the best interests of the child or that it is somehow a threat to its well-being, then the permission to relocate will sometimes be overdrawn. This is an uncommon legal occurrence but has happened before.
If an objection is filed, however, it must require the particular reasoning behind the guardian’s denial. This information will be public record so that if their reasoning is unsound you will be able to take the proper legal action to try and dismiss it. Thankfully, the legal process behind relocation agreements is well laid out.
Temporary Relocation Order
During the relocation process, the court may decide to grant a temporary order that legally restricts the relocation of a child. This is to keep either guardian from fleeing with the child. With a legally binding order in place, it is less likely that brash decisions that will negatively affect the child will be reached. If a parent were to attempt relocation during this period, it would cast a very negative appearance on them and likely lead to a flat out denial during the final relocation decision.
Factors the Family Court Considers
When any legal proceedings regarding relocation rights are occurring, there are many factors the court will take into consideration. The developmental stage of the child, their emotional and physical needs, their education situation and requirements and finally the child’s age are among the most important factors. Additionally, if the court determines that relocation is primarily motivated by an unfounded desire to keep another co-parent from developing a relationship with the child, it will hurt the relocation’s chances at being approved.
Although the relocation petition process is much better laid out than most, there remain many areas that are too complicated and circumstantial for those not well-versed in child custody law to decipher. Additionally, many relocation procedures differ from state to state, so you will want to consult an individual who knows the ins and outs of your particular location. When looking out for your child it is always recommended that you seek professional legal help. In the long run, this will save you many frustrating hours.