Modifying Parenting Time

Posted by Gordon Shayne | Jan 21, 2017 | 0 Comments

I want to discuss with you motions to modify parenting time, and one of the biggest issues in motions to modify parenting time occur when a parent, who is the primary parent, wishes to relocate with the children to another state. In the law that kind of relocation is called removal, and it takes the permission of a judge, or the other parent in writing, and a court order in order for relocation to occur. Now, in those situations, what is required is that the parent who wishes to move away with the children has to file a motion with the court making the request for relocation, and stating the reasonable grounds for the relocation.

In Florida, the court cannot require a parent to live in Florida or anywhere. It is the children that are under the control and jurisdiction, what they call continuing jurisdiction, of the court. So if a parent wishes to relocate because that parent got a great job in another state and wants to move out of Florida with the children, that parent is going to need to establish, what is the criteria for that relocation that would serve the best interest of the children. Things like family members being in another state, increased financial access, schools, education, healthcare, all those kinds of things are a factor. And of course, the other parent can make an argument that the relocation is not in the best interest of a child.

About the Author

Gordon Shayne

Gordon N. Shayne Family Law / Divorce Lawyer Phone: (904) 544-6855 Gordon N. Shayne's field of practice is devoted to Family Law/Divorce case throughout the State of Florida


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With over 35 years of experience, Mr. Shayne has had a legal career fighting for the rights of his clients while focusing his practice exclusively on Divorce, Child Custody and other Family Law Matters. Our services are available throughout the State of Florida.

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