Florida is among many states that has realized that children deserve time with both parents, and has created custody laws that prevent one parent from taking the children out of state or placing them in a situation where it is impossible to see the other parent regularly. The laws are currently written in such a way as to make any movement over 60 days adjudicated through the courts. A child may be temporarily moved for a vacation or semi-permanent work assignment, however, if that move is over 50 miles for a period longer than 60 days, the court must approve. So what does this mean for you?
If you are living in Sarasota and you need to move for work and this requires taking the children more than 50 miles away from your former spouse, you will need to have this approved by the courts. If the spouse is fine with the move and you have worked out arrangements, you still need to have those arrangements go through the court system. This is why most family law attorneys in Sarasota will try to create an agreement that will take into consideration the right of everyone with visitation or custodial privileges and create a motion that will also provide to the court the assurance that the children will not be deleteriously effected by the change.
Courts have refused agreements where they believe it is not in the best interest of the child. Attorneys who work on changes of orders always try to make sure that the document will be accepted by the court and should provide honest counsel to their clients if they feel the document will not “pass muster,” so to speak.
Sarasota courts absolutely place children’s welfare above that of the parents and will require that the parents do everything they can to make the change of situation amenable to the child and his or her best interest.
If you require a change of order that involves relocation, feel free to contact us with any questions you may have.
