Relocation Attorney Orlando
Jonathan Jacobs is a relocation attorney Orlando that litigates cases when a parent’s relocation involves relocation with a minor child. Any legal action over a relocation with a minor child may include a great deal of testimony from the parties and their witnesses. Several statutory requirements must be met for the court to grant your relocation with your kids. It is important to know what relocation means under Florida statutory law. Reading hypothetical examples based on prior cases may help provide clarity. A parent must have a court order or the consent of the other parent, or else you may not move more than 50 miles away from your current principal residence. To speak with an Orlando Relocation Attorney today call the Jacobs Law firm at 407-310-5636.
There are many different reasons why a parent may choose to pursue a relocation with a minor child. For example, there may be a tremendous job opportunity more than 50 miles away from his/her primary residence. Perhaps one parent has become involved in a healthy and happy romantic relationship and wants to move more than 50 miles away to be with that person. Jonathan Jacobs is a relocation attorney Orlando that provides the help you need when you go to court to litigate your relocation with a minor child family law case. Call us at (407) 310-5636 to help with your relocation case.
Laws on Relocation with a Minor Child
As a relocation attorney Orlando, it is important to understand the case law and especially the Florida relocation Statute. According to Florida Statute 61.13001 (Florida’s relocation Statute), “Relocation” means a “change in the location of the principal residence (apartment, condominium or home, etc.) of a parent or other person from his or her principal place of residence at the time of the last order establishing or modifying time-sharing (once a case is filed, the court generally issues a standing order setting the addresses of the parties on record as the principal addresses for purposes of litigation and for relocation), or at the time of filing the pending action to establish or modify time-sharing.”
This means that the the addresses of the parties are based on their primary residence as established at the time of the court filing, and this technically prevents one parent from moving more than 50 miles from their primary residence unless authorized to do so by mutual agreement or by court order .
Florida’s Relocation Statute prevents one parent from unilaterally moving with a minor child without the other parent’s express written permission. If a parent has engaged in relocation with a minor child without approval, immediate legal action may be necessary such as an emergency pick up order, or a motion for contempt and enforcement.
Relocation with a Minor Child
The Relocation Statute further provides that for a relocation with a minor child to occur, “The change of location must be at least 50 miles from that residence, and for at least 60 consecutive days not including a temporary absence from the principal residence for purposes of vacation, education, or the provision of health care for the child.” As an experienced relocation attorney Orlando, it may make sense to you that a 30-60-day vacation around the world will likely not violate the Statute, but it could cause some controversy. It is advisable to communicate your itinerary well-ahead of any trip to conform to your parenting plan or any standing order within the county that has jurisdiction over your case.
In evaluating a petition for relocation, the court will look at the statutory factors altogether, or in totality. Each statutory factor may be evaluated, and the assessment of all factors combined (provided that evidence of all factors is brought forth in court) will allow the court to render a judgment on the petition. A parent may relocate in a divorce or a paternity action. Relocation means that your case is not an uncontested divorce.
Jonathan Jacobs of the Jacobs Law Firm Orlando, offices Clermont and Winter Park, is a Relocation Attorney Orlando that will fight for your rights when you litigate a relocation with a minor child family law case. Call us today at (407) 310-5636 or e-mail us at Jonathan@JJLawFL.com for more information.