Many people in the Fort Meyers and Naples area move to another part of Florida or even out of state every year for lots of reasons.
Even when these reasons are good, a parent who is subject to an order regarding custody or time-sharing will have to follow certain legal steps. In almost all cases, they must take these steps well before they move with their child.
The first step is to check over one’s court orders, as they frequently will spell out in detail each parent’s responsibilities should they need to move.
Parenting plans and other court orders related to time-sharing apply until a judge changes them, so it is important to understand and follow what these orders say. A parent should not assume that they are simply free to ignore these orders, even if they feel the situation has changed.
Like many other states, Florida also has a law imposing requirements on parents who want to move. In Florida, qualifying moves include any permanent change in address and more than 50 miles away from the parent’s current home.
Unless the parents have already agreed on the move and have made any needed changes to their parenting plan, then the parent wanting to move must file a petition asking the appropriate court for permission to do so.
The other parent has 20 days after receiving the petition to object. If they do not, then courts generally should enter an order allowing the move. If the other parent does ask for a hearing, then the parent wanting the move will have to prove to the court that the move is in the best interests of the children.
Navigating through a relocation can be a complicated process
Parents who have good reasons to move have a lot at stake in handling the process properly. For one, not following all the right steps can lead to serious legal trouble for the parent.
Furthermore, no parent wants to face the awful choice between moving for a serious reason like a better job or sick relatives and having to give up time with their child.
Especially when the other parent is opposed to the move, those who need to relocate out of Lee County should make sure they fully understand their legal rights and options.
