If you already have a Court Ordered Parenting Plan in place and are the majority timesharing parent, you are NOT permitted to relocate more than 50 miles away without following the correct Florida legal procedure first!
1. You are required to file a Notice of Intent to Relocate and serve it on the other parent. The other parent than has 20 days to object and, if he or she does object, a hearing must be held where you will seek the Court’s permission to relocate.
2. It is extremely important to have legal counsel when filing your Notice of Intent to Relocate as there are very specific rules regarding what such Notice must contain in order to be VALID or it could be kicked out!
3. You are entitled to a hearing on your request to relocate within 30 days after requesting the same where the Court will make a temporary determination.
4. There are many factors the Court considers in granting or denying a request to relocate, including the reason for the relocation (better employment, remarriage) and whether that reason supports the best interest of not just you, but will enhance the quality of life (education, etc.) of the children; the timesharing schedule of the other parent; whether the children will still be able to have a meaningful relationship with the other parent; whether you will encourage a close a continuing relationship; the community and school ties of the children; where extended family are located, etcetera.
The Law Office of Summer R. Nichols, LLC has handled several relocation cases and knows the detailed requirements of the law. Contact us today to set your FREE consultation (904) 322-7702