Florida Family Law Attorney Russell Knight Discusses Parental Relocation and Child Custody

August 08, 2022 at 16:28

Florida family law attorney Russell Knight releases a new article (https://divorceattorneynaplesfl.com/my-child-and-i-live-in-naples-florida-but-i-want-to-move-how-can-i-move-with-my-child/) explaining how relocating can affect parenting time and custody rights. Attorney Knight mentions that Florida laws require the signing of an official document if a parent is relocating. The existence of a court order or a parenting agreement makes it easier for a parent to relocate.

According to the Florida family law attorney, “If the parents are agreed as to the relocation and a court order or parenting agreement exists “the parties shall seek ratification of the agreement by court order” Fla. Stat. Sec. 61.13.001(2)(b). After that ratification is entered, the parties have only 10 days within which they can change their mind and ask the court to undo the ratification.”

Florida Family Law Attorney

The attorney explains that if the parents cannot come to a consensus regarding the relocation, the Florida statute requires the filing of a petition and the formal serving of the petition to the non-relocating parent. The non-relocating parent is then given ample time to object to the petition. If the non-relocating parent fails to file an objection, the court may consider the relocation beneficial to the child.

The lawyer also emphasizes that both the petition and the objection must follow Florida’s strict requirements as to the process of relocation. Even if the relocation is for the best interests of the child, the court may order to delay the relocation. The parents can also let the court decide whether the relocation will push through and the court will decide on the situation keeping the child’s wellbeing in careful consideration.

Some of the factors for consideration, clarified attorney Knight, are whether the child has close relationships they will be separated from due to the relocation, the child’s age and needs, and the child’s preference, among others. The court will also take into account the reasons why the parents are seeking or objecting to the relocation.

“The burden of proving all of these factors will be on the parent requesting relocation. Fla. Stat. Sec. 61.13.001(8) This final hearing must occur within 90 days of the petition having been filed. The court can consider the matter on a temporary basis even sooner, 30 days if a motion for a temporary relocation is also filed,” notes the Florida child custody lawyer.

Lastly, attorney Knight recognizes that relocating with a child while considering custody issues can be a difficult process. The lawyer emphasizes the importance of consulting a qualified family law attorney who can help navigate the complicated process of petitioning or objecting to relocation under Florida statute.

About the Law Office of Russell Knight

The Law Office of Russell Knight was established in 2009 by the family law attorney Russell D. Knight. The lawyer has always focused on family and divorce law. Russell's love for family law is demonstrated by the numerous articles personally written by the lawyer. Attorney Russell has been licensed as a lawyer in both Florida and Illinois. Contact his office today at (239) 202-0455.

Law Office of Russell Knight

1415 Panther Ln #218, Naples, FL 34109, United States

(239) 202-0455


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Law Office of Russell Knight
Russell D. Knight
(239) 202 0455
1415 Panther Ln #218, Naples, FL 34109, United States