Orlando, Florida Child Relocation Attorney
On October 1, 2008, a new Florida law will go into effect governing parental relocation with a child. According to Florida Statute, § 61.13001.13001 custodial parents must file a notice of relocation if they plan on moving more than 50 miles away from where they and their children currently live. Non-custodial parents may challenge a parental relocation of a child within 30 days of being served notice. The objection must be in writing, it must be filed with the court, and it must be served on the relocating custodial parent. In addition, there are responsibilities and rights custodial and non-custodial parents have in regard to parental relocation and visitation obligations created by the new statute.
The law office of Kenneth D. Morse asserts and protects the rights of custodial and non-custodial parents in parental relocation matters in Orlando, Florida and the surrounding areas.
If a job opportunity requires you to relocate or, you are a non-custodial parent concerned that the well-being of your children will not be served if they are relocated, contact child custody lawyer Kenneth D. Morse today.
When Parental Relocations are Challenged
When a parental relocation is challenged, under the terms of § 61.13001, the relocating parent must prove that the relocation is in the best interest of a child. This may involve financial, educational, social, even religious and cultural factors that impact a child's environment. Additionally, since visitation and time sharing must be taken into account, plans should be provided regarding visitation and transportation arrangements for time sharing. If, in the eyes of the court, the burden of proof is met by the relocating parent, the other parent must then prove that the relocation is not in the best interests of a child.
Challenging Parental Relocations
If you believe the best interests of your children will be jeopardized if your ex-spouse is allowed to relocate, you must file an objection to relocation within 30 days of being notified of a planned relocation. Since the court will always act to protect the best interests of a child, non-relocating parents must provide proof that relocation is not in the best interests of a child. If there are financial, health-related, emotional, or other factors involved, they must be documented and provided to the court.
As your attorney, Kenneth D. Morse will consult child psychologists, investigators, and other professionals in documenting why relocation is or is not in the best interests of a child.
International Parental Relocations, Abductions, and the Hague Convention
Foreign born or non-citizen spouses who intend to relocate children overseas must comply with U.S. laws regarding child custody and visitation. If a parent leaves the country with a child without lawfully gaining custody of them, they may have their passports suspended or a warrant can be issued for their arrest. Countries who have signed the Hague Convention Civil Aspects of Child Abduction treaty are required by law to honor the laws of other signatory countries. Our attorney can assist you in an international child relocation involving the Hague Convention or child abduction to another country.
Contact Parental Relocation Attorney Kenneth D. Morse Today
If you have questions regarding Florida's new parental relocation law affecting child custody issues in the state of Florida, contact the law office of Kenneth D. Morse today and schedule an appointment.
Our firm represents families throughout Central Florida including Orlando, Windermere, Kissimmee, Celebration, Sanford, Lake Mary, Daytona Beach, Tavares, Clearwater, and Melbourne.