Tampa Relocation Attorney
Child Custody Attorney Tampa FL
Answers from a Child Custody Attorney Tampa FL Families Trust
Your ex-spouse has been offered a great job — a fantastic career opportunity, and the benefits are terrific. The problem is that the new job’s location is in another state and your ex has custody of your child. You fear that because they are moving further away, you will not be able to see your child as much as you have been and you are worried that will put a strain on the relationship between you and your child. Do you have a say in the matter? A child custody attorney in Tampa FL from The McKinney Law Group can provide you with the answers you need. Regardless of how your situation differs from the above scenario, our legal team is well versed in the child custody laws of Florida and other states. Call us for a no-fee consultation with a member of our legal team.
Moving a child away from the parent can cause major issues with a child custody situation. If there are no agreements concerning this issue in place, the court may have to decide whether or not it is in the best interest of the child to approve the relocation.
A child custody attorney in Tampa FL from The McKinney Law Group can tell you that child custody relocation laws vary by state. Often times, the requirements for relocating a child is specified by state law. Conditions regarding consent, notice, and presumptions are explained below:
Consent and Notice
In most states, the custodial parent must submit written notice to the noncustodial parent of their intent to move. Depending on the state’s statute, the required amount of notice is 30, 60, or 90 days before the move. In some states the noncustodial parent must consent to the move, and if they do not they need to file a motion requesting the custodial parent not be allowed to relocate. A child custody attorney in Tampa FL from The McKinney Law Group can examine how Florida’s statutes might affect your case.
Express Consent
If there is already an agreement in place that speaks to child custody relocation and a possible visitation schedule, this is considered express consent. This topic is usually approached during the original proceedings for child custody and located in a clause in the child custody plan. However, there are exceptions which a child custody attorney in Tampa FL from The McKinney Law Group can explain to you, as appropriate to your situation.
Distance
The laws of the state will be the deciding factor as to whether or not a child custody relocation is allowed. Some states choose a maximum number of miles the child can move, even if it is in the same state. In other states, any move out of state by the custodial parent, regardless of the number of miles, may be the determining factor for the court. Talk to a child custody attorney in Tampa FL from The McKinney Law Group to find out more.
Proof that a Move is in Good Faith
Some states want more detail about the move, to be certain that the custodial parent is moving for legitimate reasons. If the child’s school, friends, home, and social stability is being disrupted, the court wants to be sure that the reason for the move is for one or more of the following reasons:
1. Legitimate job offer
2. Closer to family so they can assist with caring for child
3. New location is a more affordable cost of living
4. Going back to school
The court may deny the custodial parent’s request to relocate if they feel the reason for moving is retaliation or revenge against the noncustodial parent. Whether you are the custodial or noncustodial parent, a child custody attorney in Tampa FL from The McKinney Law Group can help make your case to the court.
The court may consider the noncustodial parents’ concerns. However, if the noncustodial parent was not active in the child’s life or did not visit the child per the visitation schedule, the judge is likely to side with the custodial parent and approve the relocation.
Child Custody Modifications, Visitation Schedule and Costs of Travel
Because of the proposed increased distance between parents, the parent who is relocating must come up with a suggested visitation schedule, being sure to include the place and time the noncustodial parent can visit. If the move causes a major disruption in custody, the parents may need to change or modify the visitation or custody arrangements.
Travel costs in some states are split equally among parents, while other states may mandate the costs be paid by the parent who is moving. Consult with a child custody attorney Tampa FL respects from The McKinney Law Group to discuss your state’s child relocation laws and how we may be able to help you.