Often when marriages or relationships with kids fall apart and the only choice left is to split, the hardest thing to work out is a fair custody agreement that takes both parties into account. Assets and houses mean nothing compared to your children. And while, ideally, you’d like to work out a fair custody agreement with your former partner, hurt feelings, old grudges, and / or bad behavior from them can get in the way.
Even when you enter into a joint custody agreement, that doesn’t mean that your ex will abide by it. If your ex wants to move far away from you with your children, then there are legal ways you can prevent that from happening. Likewise, if you are needing to move, there are ways in which you can do so in the proper, legal way.
What Is Florida Statute 61.13001?
This Florida statute stipulates that a parent cannot relocate more than 50 miles away from the other parent without written agreement or a court order. That means when you have joint custody, you have a legal right to prevent your ex from moving away and infringing on your parental rights.
If you are parent that has to move for a job or for financial reasons, you must obtain permission from the other parent or from the court if you are planning to move more than 50 miles away. You will be violating the law if you don’t get written permission.
If your ex doesn’t give permission, you can file a petition with the court in order to allow the move. The petition requires that you give the reason for the move, the specific location where you plan on moving, and a proposal for how you plan to keep up visitation for the other parent.
Do You Need a Family Lawyer When Dealing With Florida Statute 61.13001?
Courts can be hard to navigate on your own, and that’s why K/S Law will be on your side to make sure that all your parental rights are kept intact. Our lawyers understand the emotion and difficulty of dealing with divorce and child custody agreements. We want to make sure that you are dealt a fair hand, and we will guide you through any complex legal processes.
If you’re former partner has moved with your child in violation of Florida statute 61.13001, then there’s no time to waste in asserting your parental rights. You need a family lawyer, so call K/S Law in Boca Raton today at 561-939-8042.