Divorce is a process. It really isn’t a life-long activity that families continue to go through day in and day out. Still, there are aspects of a divorce that can pop up every now and again. One such issue that can recreate child custody drama is the issue of relocation.
Just when you might think that the dust has settled after a divorce is finalized, life can present a surprise. You might not be the custodial parent of your child, but you have a routine. You get to see him every other weekend. And it brings you comfort knowing he is just a brief drive away.
Now, your ex tells you they are moving. That brief drive between you and your child could become an expensive 3-hour flight. Do you have a say in this matter?
Thorough legislation is in place within Florida’s family laws that outline the specifics of relocation guidelines. Simply put, if you are the non-custodial parent of a child who might be moving away, you do have rights in terms of the relocation. What do you need to know regarding the often sensitive family law issue?
First, while you do have rights worth protecting in a relocation case, you must first distinguish whether yours is truly a relocation case according to Florida statutes. The state’s family law says that if a parent wants to move your child 50 or more miles away, the non-custodial parent can challenge the change, as the move could seriously impact the well-being of the child and his relationship with the non-custodial parent. The move must also last at least 60 days to qualify as a legal child relocation matter.
If you establish that the above details apply to your situation and you are worried, you have rights you can fight for in court. We will continue this discussion in a future post and delve into the specifics of the family law process that could protect your relationship with your child.