A Child Custody Attorney Explains Relocating Laws for Divorced Parents
In 2006, new laws were passed in Florida governing a situation where a divorced parent with primary custody of their children desired to relocate to another area with the children. As any child custody attorney can tell you, the passing of these new regulations have made significant changes to the way relocations are handled when it comes to children in a divorce.
Previously, these types of situations were governed by the divorce agreement or a prior court order. However, if there was no prior agreement in the divorce filing, one parent could move without the permission of the other. And, unless the non-custodial parent – with the assistance of a child custody attorney – filed a lawsuit right away, there was little chance of having a court review the situation and give the parent a chance to retain a relationship with the child. In fact, in the absence of a prior agreement as part of the divorce filing, many judges were hesitant to force the parent with primary custody to move back to their original location, making things difficult for the parent and their child custody lawyer.
However, the new laws changed how these situations are handled and gave the non-custodial parent a much fairer opportunity to remain close with their child. With the passing of this new legislation in 2006, if one parent decides to move with the child, they must notify the other parent through the use of a document called the "Notice of Intent to Relocate." As a child custody attorney will explain to you, the other parent then has 30 days to object, upon which the move is forbidden until a court can rule on the situation. The best interests of the child are the most important factors taken into account when making a decision in these cases.
As you can see, this process requires precise actions by either parent involved. That's why selecting a child custody attorney who is experienced in these matters can be extremely helpful, as it can help you navigate a relocation scenario and ensure the best possible outcome for you and your children. And, whether you're located in New Tampa, Wesley Chapel, Tampa Palms, or anywhere else in the Tampa Bay area, Brian Arrighi of Yesner & Boss, P.L. can help with a relocation, whether you have primary custody of your children or not. To learn more, and to set up your free consultation, contact Brian Arrighi today.
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