305-358-2330A large number of judges agree, divorce cases that involve the relocation of one parent are some of the toughest they see. That’s because relocation divorce cases involve a judge deciding between two parents who both love their child or children.
However, with today’s fast-moving economy, the prevalence of these types of cases is growing. If you are in this situation, one of the best things you can do is hire a divorce lawyer in Miami for assistance. They can help you better understand the statute in the state that deals specifically with relocation divorce cases.
Florida Statute 61.13001
In the state of Florida, if you are filing for divorce and planning to relocate, your case is going to be impacted by statute 61.13001.
This statute states that relocation means the change of the location of the main residence of a parent or another person from their former residence when a time-sharing agreement was determined. For this statue to apply, the relocation must be a minimum of 50 miles from the former residence, and for a period of no less than 60 consecutive days, which doesn’t include a temporary absence from the new residence for education, health care or vacation for the child.
The Requirements for Relocation in Florida
If you are the parent who is seeking to relocate after a divorce, then you must obtain a written agreement from the other parent that includes specific information regarding the relocation. This is something your divorce lawyer in Miami can provide assistance with.
If there isn’t any agreement for the relocation available, then the parent who is trying to relocate has to file a request to relocate using a petition to relocate and serve it to the other parent with an outlined parenting plan that includes the timeshare the other parent will receive after the relocation occurs.
If you fail to follow any of the required steps, then your relocation request may be denied for technical issues. When a judge is ruling on a divorce case that involves relocation, there are several factors that may impact it, such as an interruption in the other parent’s relationship with the child or children.
How a Divorce Lawyer in Miami Can Help
If you have plans to relocate after your divorce, it’s a good idea to file the petition or seek a written agreement from your former spouse as soon as possible. By hiring a divorce lawyer in Miami, you can have access to someone who understands the process and who can help you get approval to move forward with the relocation.
While these cases can be challenging, with the help of an attorney, you can feel confident that your request will be approved.
To learn more about relocation divorce cases, or to speak with a divorce lawyer in Miami, contact the team of lawyers at the Carolan Family Law Firm, P.A. by calling (305) 358-2330 to set up a consultation.
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