Relocation: Child Custody Rights and Responsibilities (Part 2)

Child Custody: Responsibilities When You Are In Agreement

In part one of this post, I talked about the steps you need to take if your ex-partner is in agreement with relocating your children. As you know, a verbal agreement is not sufficient as a legal and binding relocation agreement, even if you are the majority timesharing parent. In today’s blog, I’d like to highlight the steps you will need to consider if the other parent is not in agreement about relocating your children.

Child Custody: Notice to Relocate

If you are the majority timesharing parent and intend to move your residence more than 50 miles away, you must legally notify the other parent of the relocation by filing a “Notice of Intent to Relocate”. Included in the notice must be:

  1. Each reason for the move, listed in great detail (better schools, better job, increased family support, et c.)
  2. A proposed new visitation schedule for the other parent.

The other parent can either agree or object to the move.

Child Custody: Parental Objections to Your Move

While you wait for the other parent to either agree or object to your move, you cannot relocate your children. Even if you have the majority timesharing and you see this move as clearly better for your children, the other parent must agree before you can make the move. If the other parent objects, there will be a court hearing where an impartial judge will decide if the proposed move is truly in the best interests of the children.

Further Help With Relocation and Child Custody Issues

In my next blog, we’ll take a  look at how the courts will determine if the move is in your child’s best interest. If you are considering a move, having child custody issues or just need the advice of top divorce attorneys, consult with a lawyer who has experience in collaborative divorce, mediation, and traditional adversarial divorce. Seek out Tampa divorce attorneys with the knowledge you need. Seek out S. David Anton of Anton Legal Group!

David Anton is a third generation Tampa Bay attorney who has handled all aspects of divorce actions since 1985.

Call the Anton Legal Group at 813-443-5249 to schedule a consultation to discuss relocating with your children.