Tuesday, February 17, 2015

Parents' Guide in Relocation of Minor

Relocation of minor is one of the only family law issues that require a trial most of the time. Why? Because you will be relocating the children to a location more than 50 miles from where they currently reside and, more importantly, usually a farther distance from the other parent.

Preparation in seeking relocation

There are a few things to consider in the relocation of minor, the welfare of the child must be priority and his/her health as well:

a.       Know where they will be living and describe the benefits of the neighborhood and the schools the child will attend. Relocation of minor means getting into a new environment and meeting new people, moral support is essential in this stage.

b.      Health issues in the relocation of minor is considered, those should be included as part of the motion along with any medical documentation. For example, if the move is to a warmer climate that benefits asthma (parent or child), the parent may wish to present medical evidence as part of their case. If the Court allows the relocation, it often requires the party moving to pay more of the transportation costs related to visitation.

Actual Relocation

The feasibility of preserving the relationship between the non-relocating parent or other person and the child through substitute arrangements that take into consideration the logistics of contact, access, and time-sharing, as well as the financial circumstances of the parties; whether those factors are sufficient to foster a continuing meaningful relationship between the child and the non-relocating parent or other person; and the likelihood of compliance with the substitute arrangements by the relocation of minor.

Filing and Agreements

If the parents are not in agreement about the relocation of minor, the law requires that the parent seeking relocation notify the other parent of the proposed relocation by filing and serving petition which includes the date of the proposed move, new address, phone number and reason for the move as well as a proposed post-relocation timesharing schedule and a proposal for transportation arrangements.

In the relocation of minor, it is best for you to contact a veteran family law attorney who can assist you and who is capable of ensuring that all the paperwork is filed properly and works hard towards a positive outcome that is in the best interest of your children.

Law Office of Kari L. MacDonald, P.A.
634 E. Bloomingdale Ave. Brandon, FL 33511
(813) 655-1075
http://www.businesslocallistings.com

No comments:

Post a Comment