Florida Laws on Relocation in Shared Physical Custody Cases
When parents separate or divorce, a judge issues a custody order setting forth each parent's rights to the child. In most cases, parents share joint custody, but one parent is appointed the primary custodian with whom the child lives most of the time. In Florida, the primary custodian must obtain permission from the court before relocating with the child.
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Notification
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As of Oct. 1, 2006, if the custodial parent plans to move more than 50 miles, regardless or whether that move is out-of -tate, the non-custodial parent must receive a Notice of Intent to Relocate and be given the opportunity to object.
Court Approval
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If the non-custodial parent is against the relocation, he can request a hearing with a family court judge. The judge will consider how the relocation will affect the child; the reason for the move; reason for the non-custodial parent's objections; distance of the relocation; and how the relocation will affect the non-custodial parent's access to the child.
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Judge's Options
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If the court decides the relocation will have a negative impact on the child, he may order the custodial parent cannot relocate or can relocate without the child. In that case, a custody order will be issued transferring custody to the other parent.
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References
- Photo Credit child image by Renata Osinska from Fotolia.com
