Petition for Relocation

Attorney, Mary Hoftiezer Zogg proudly serves the Child Geographic Relocation, Divorce, and Family Law legal needs of those in Orlando, Central Florida, and Montverde.

Call 321.209.1878 to schedule an confidential legal consultation regarding your Child Geographic Relocation, Divorce, and Family Law matters.

Relocation Of A Shared Custody Child After Divorce

When a parent wishes to move, it will always be easy to prove why the move is good for the parent. The key, though, is whether the move is in the best interest of the child. A parent may move wherever he/she wishes to go, but, after a divorce, the question is, can they bring their child with them?

Relocation is addressed in Florida Statutes Section 61.13001. Once an order is entered as to a child’s residence, neither parent may relocate with the child. Relocation is a move to a location more than fifty(50) miles away from their principle residence for a period longer than sixty(60) days.

If you wish to relocate with the child, you may do so by either obtaining the agreement of the other parent or by filing a petition with the court. A petition for relocation is not easily achieved.

The court will consider many factors including:

• The nature and quality of the child’s relationship with the non-relocating parent.
  
  
• The age, developmental state, and needs of the child and the likely impact relocation will have.
  
  
• The likelihood of maintaining a relationship with the non-relocating parent if the relocation were to be granted.
  
  
• The substitute time-sharing arrangement that is proposed by the relocating parent.
  
  
• The child’s preference if he/she is of sufficient age and maturity.
  
  
• Whether the relocation will enhance the child’s quality of life.
  
  
• The reasons the relocating parent wishes to move.
  
  
• The economic and financial circumstances of both parents.Whether the relocation is sought in good faith.
  
  
• The non-relocating parent’s career and other opportunities if the relocation is granted.
  
  
• Any history of domestic violence, abuse, or substance use and/or abuse.
  
  

Child Custody and Visitation Questions Any Parent Should Ask

Divorce is not an easy procedure for adults to handle, but it becomes much more complex when there are children involved. For the most part, divorce tends to be the result of two individuals being unable to reconcile differences in their relationship. However, when you have children to consider, it is imperative to separate those differences and ensure that the needs of the children are paramount to the individual needs or wants of each party in the divorce suit.

When you are getting divorced in Florida, the State recognizes the importance of the needs of the child and has strict rules in regards to the parenting arrangements that all parties should be aware of prior to filing for divorce.

The Petition to Establish Paternity

The State will file a paternity action. As a part of this paternity action, parentage will be established by a DNA test or consent, and child support will be calculated and ordered. The State, however, will not get involved in parental responsibility or time-sharing determinations. To establish or address parental rights and responsibilities, a paternity action must be brought in the domestic relations court.

Motion for Contempt

Any parent who has physical custody of a child may ask the State to assist them in obtaining financial support for a child. In addition, whenever any parent requests assistance from the State, such as food stamps, welfare, or TANIF (Temporary Assistance for Needy Families), the State will bring an action for support on behalf of the parent who has made the application. In fact, part of the parties’ request for assistance from the State requires them to assist the State in bringing this action.

Actions to Suspend Drivers Licenses

Once an order is entered requiring that a parent pay child support, the State will also assist in enforcing these orders. To do so, a motion for contempt and enforcement may be brought. The State may also suspend a nonpaying parent’s drivers license, intercept his/her tax refund, or take other actions intended to enforce the order and require payment of support. When a parent’s drivers license has been suspended, he/she may file a motion with the court asking that it be reinstated. These motions are more likely to be granted when the parent makes a good faith effort to make support payments and they are typically filed in conjunction with a petition to modify child support.

Call Orlando and Central Florida Lawyer, Mary Hoftiezer Zogg at 321.209.1878 to discuss your Divorce and Family Law needs and goals.

Mary Hoftiezer Zogg has extensive experience in assisting Orlando, Winter Park, Maitland, Longwood, Central Florida and Montverde residents who require professional Child Geographic Relocation, Divorce, and Family Law Attorney legal services.

Divorce and Family Law Attorney, Mary Hoftiezer Zogg Proudly Serves Central Florida

Serving the Child Geographic Relocation, Divorce, and Family Law needs of those in Central Florida including Orange County Florida, including: Orlando, Maitland, Apopka, Winter Park, Alafaya, Bay Lake, Belle Isle, Bithlo, Christmas, Doctor Phillips, Eatonville, Edgewood, Fairway Shores, Goldenrod, Gotha, Hunter's Creek, Lake Buena Vista, Lockhart, Meadow Woods, Oakland, Ocoee, Orlovista, Pine Castle, Pine Hills, Southchase, South Apopka, Taft, Tangerine, Union Park, Wedgefield, Williamsburg, Windermere, Winter Garden, Zellwood, Osceola County Florida, including: Kissimmee, St. Cloud, Campbell, Celebration, Champions Gate, Deer Park, Four Corners, Harmony, Intercession City, Kenansville, Narc oossee, Poinciana, Reunion, Yeehaw Junction, Lake County Florida, including: Montverde, Clermont, Altoona, Astatula, Astor, Eustis, Ferndale, Fruitland Park, Grand Island. Groveland, Howey In The Hills, Lady Lake, Leesburg, Mascotte, Minneola, Mount Dora, Okahumpka, Paisley, Sorrento, Tavares, Umatilla, Yalaha.