If you are a parent in a pending or completed divorce or paternity case that is looking to relocate 50 miles or more from where you lived when the case was filed, if the case is still pending, or from where you lived when a court order creating time sharing was created, you must notify the other co-parent of your intent to move. If the other parent agrees to the move, a written agreement should be created that outlines new time-sharing arrangements and the new agreement must be filed with the court.
If you are looking to move and the other parent is not likely to enter into a written agreement, you must file and serve your co-parent with a Petition to Relocate. The Petition must comply with statute and contain numerous provisions such as: the new address, new telephone number, date of the move, specific reasons for wanting to move, a proposal for revised time sharing and more. If a parent relocates without complying with the statute, he or she may be subject to contempt or other proceedings that compel the return of a child and noncompliance with the relocation statute can be a factor the court may consider when making time sharing decisions for or against a party.
In the event that you are a party that has been served with a Petition to Relocate and you want to prohibit your co-parent from moving, you must timely file a written objection with the court or you will lose the right to object at a later date. If you timely file your objection, the other party may not relocate until the court grants permission to do so. Whether you are the party looking to move or the party objecting to a move, a Jacksonville divorce attorney at Cameron Baker Law Office can quickly assist you in properly protecting and preserving your rights.
We offer a free, initial half hour consultation either by phone or at the office and will discuss with you your options for proceeding, services and costs. To speak with a Jacksonville divorce attorney or family law lawyer, contact us today at (904) 406-8636.