In today's small world, many divorced or single parents with primary time sharing for minor children find themselves either needing or desiring to move to another part of Florida, our country or even the world. The impact on the children and the other parent is obvious.
The law determining the permissibility of relocation has evolved from the case law of the 1990s, then to the Florida Supreme Court ruling of Mize v. Mize to today's statute which specifies the criterion considered in a judge's opinion. Section 61.13001, Florida Statutes, As Amended. The bottom line is a primary consideration to the best interests of the child(ren). A well plead and tried case is fact intensive. Our office has tried cases ranging up to three days.
The primary consideration by most judges is two fold: (1) Are alternative contact arrangements for the non-relocating parent feasible and sufficient, and (2) will the alternate arrangements maintain a consistent and meaningful relationship between the children and their distant parent.
Before filing and serving an Intent to Relocate as required by section 61.13001 or a supplemental petition seeking Court consent to relocate, our law office will approach the other party or their counsel to open discussions in an attempt to reach agreement. This type case is time consuming and typically requires resource exhibits and experts (Such as Guardians Ad litem and/or psychiatrists) to conduct custody evaluations and testify. Reaching common ground will help minimizing these costs.
Call 407-294-9287
7 Days / Week - 24 Hours / Day
Home and Mobile telephone numbers are available to all my clients.
Jeffrey A. Sunday, P.A.
7491 Conroy Windermere Road Suite G • Orlando, Fl 32835 • 407.294.9287
Jeffrey A. Sunday, P.A., is a divorce attorney providing family law, divorce, child support, child custody, and modification legal representation for clients throughout the Orlando, Florida, area including Windermere, Winter Garden, Ocoee, Dr. Phillips, Bay Hill, Hunter's Creek, Gotha, Pine Hills, Orange County, Osceola County, Seminole County, and Lake County.