Pensacola Relocation Lawyer
Relocation of a Primary Residence
In a divorce, the judge typically sets specific guidelines for the custody of children and how visitation times are divided among the parties. These guidelines are based upon the current locations of the parties and take into account particulars such as the availability of transportation and travel times.
However, there are many life events that necessitate one of the parties relocating to a new neighborhood, city, state or even country. Some of these circumstances may include gaining or losing a job, entering a new relationship or marrying a new spouse. Any one of these circumstances may require a modification of the judges divorce orders.
In family law, the term “relocation” refers to a substantial change in the physical location of your principal residence. To be considered a relocation, the new residence must be 50 miles or more from the residence documented in the original divorce orders, and must be your permanent residence for a period of no less than 60 consecutive days. This time requirements does not include any temporary absences such as a vacation, travelling for education, or leaving your home to provide or oversee care of your child’s health.
Petition for Relocation
In certain situations, a judge may approve a petition to relocate the principal residence of a parent or caretaker who has previously established custody or visitation rights. There are several scenarios in which a judge may approve a modification of orders due to a relocation, including:
- Where all involved parties agree to the relocation
- When the court deems the relocation is in the best interest of the child
- When the petition to relocate was served to all concerned parties, and no objections to the petition to relocate are filed in a timely manner.
In order to approve the petition, it is important to provide an outline of how the move will affect the original court orders for visitation. In many cases, a new parenting plan and a description of the costs, fees and time involved in the modified visitation schedule must be provided as well.
If you need to relocate more than 50 miles from your current residence due to a new job opportunity or unforeseen financial circumstances, contact Craig Vigodsky. He will work with you to change the terms of your parenting plan or time-sharing agreement to accommodate the relocation.
Call Craig VIgodsky for Help with Your Relocation Petition
For a free initial consultation regarding how your relocation will affect you and your family, contact Craig A. Vigodsky, P.A. He has extensive experience in providing family law services to families throughout the Pensacola and Northwest Florida area. Call our law office at 850-912-8520, or contact us online by email .