This is the next post in my series on the problems of a parent taking a child out of our state without permission or an agreement. My last article discussed the consequences of removing a child from Florida without consent. Engaging in such action can, depending on the circumstances, result in a parent being held in contempt of Court. The Judge may even be inclined to change custody in favor of the other parent. Speaking with an attorney before taking any action can be a crucial step to ensure that you are conducting yourself within the bounds of the law. In this article, I will be discussing how a parent can gain permission of the Court to move the child out of state. If you are in need of assistance, then contact my office today to speak with a Melbourne lawyer.
A parent seeking to move a child out of Florida must file a Motion with the Court
When a parent wishes to move a child out of Florida then the first step is to file a Motion (also known as a “Supplemental Petition”) with the Court. This is a formal document in which the parent will state where they wish to move and will provide specifics as to their plan. They will also state how Florida law applies to the issue and will make an argument that the request should be granted. The opposing parent will have an opportunity to file an Opposition and the requesting party may then file a Reply. The Court will hold an initial hearing on the matter. This initial hearing will have one of three potential outcomes. The Court may outright grant the request (this would be the most rare of the outcomes). The Court may also outright deny the request. In many instances, the Court will set the matter for a trial to determine if the request should be granted.
There are situations where, for obvious reasons, a parent may need to move immediately. These situations can include those where a parent may be getting transferred for work or has been offered a job which requires an immediate relocation. In situations such as these, the requesting parent may ask that the Court let them move with the child now and that a trial date be set to determine if the move should become permanent. While Courts are often hesitant to allow an immediate relocation of this type, such requests are often granted in situations where the other parent has limited contact with the child or it is otherwise clear from the record that such a request is in the child’s best interest. It should be remembered, however, that how the Court will rule is always going to depend on the specifics of the case.
If the parties do not agree to settle the matter then the case will proceed to trial. Each side will have been given the opportunity to conduct discovery (the process by which information is gained from the other side in litigation). The parent requesting to move will present their evidence and witnesses. The opposing parent will then present their case. The requesting parent will be able to follow with rebuttal; rebuttal is not a time for new arguments, this part of the case may only be used to directly address claims made by the opposing parent. Each side will make a closing argument and the Judge will issue a decision.
Florida parents should provide as many specifics as possible when requesting to move a child out of state
An important point to make is that a parent must be prepared to present a specific plan to the Court when they are asking permission to move a child out of state. When considering such a request, the Court will look at factors such as whether the move will benefit the child, how the youth’s education will be impacted, whether the parent is moving for a reason that improves their own opportunity, etc. If a parent makes an overly vague request to the Court, then there is likely going to be little information upon which the Court could base a ruling that the move is in the youth’s best interests. Having specifics (such as where one will live, where one will work, where the child will attend school, etc.) is, therefore, important to making any request to move out of state.
If you are considering moving a child out of our area then contact my office today to speak with a Melbourne child relocation lawyer. I have devoted much of my career to the handling of family law, and I understand that this is an important time in your life. My office will make sure that you know what to expect from the process and we will remain in regular communication with you. Contact us online or by telephone today.
My firm also services Florida clients in the Brevard County cities of Titusville, Cocoa, Palm Bay, Grant, Valkaria, and Rockledge, as well as in the Indian River County areas of Fellsmere, Sebastian, Vero Beach, Indian River Shores, and Orchid. We are also able to virtually work with clients throughout the state.