Family & Child Relocation Attorney in Orlando

Probate and Collaborative Divorce

Child custody disputes do not completely come to a halt once the divorce has been finalized. Custody disputes and complications usually continue for years to come. Attorney Aubrey Harry Ducker Jr. know’s how emotionally draining and time-consuming these issues are. For example, let’s say that a custodial parent has a job opportunity or plans to move 50 miles away. The custodial parent simply cannot move and take their child with them. They must seek court approval and go through the proper channels before so they don’t have to jeopardize their custodial rights. Attorney Aubrey Harry Ducker Jr. is an Orlando family & child relocation attorneys are here to provide experienced legal assistance to child custody concerns.

Parental Relocation Attorney Aubrey Harry Ducker Jr.

The average American moves 11.4 times in their lifetime. The likelihood of a divorced parent moving is high. Custodial parents who move their children without permission face severe legal repercussions. The custodial parent cannot go move 50 miles or more for 60 or more days without the permission of the court or the consent of the other parent. Legal repercussions include the loss of custodial rights. Custodial parents are able to move beyond the 50 mile distance by working closely with an attorney. This is set under the Florida parental relocation statute 61.13001. Attorney Aubrey Harry Ducker Jr. has helped countless families relocate. Perhaps they want to be closer to family members, find better jobs, or to enhance the lives of their children. There are a few routes to take to accomplish a legal relocation:

Written Permission from Other Parent – It is imperative that you get oral permission to move your child. You will also need formal, written consent that outlines the terms. This document must contain specific legal language, be notarized, signed, dated, and contain information regarding the changes made in the timesharing plan, transportation, and expenses.
Court Approval – Another option is to go through the Florida court system. It will be a Petition to Relocate, which is gaining permission when the other parent refuses to give written consent. The custodial parent who wishes to move must include their new address, telephone number, a reason for moving, changes to the timesharing plan, and other information. The noncustodial parent will be given 20 days to dispute the move. and if they do dispute to the move the court will schedule a hearing.

Penalties for Unlawful Relocation

There are severe penalties for relocating a child without permission. If a parent does this, they face the following repercussions:

Payment of legal fees to other party
Court order to return child
Modification of timesharing plan in favor of the other parent

Contact Orlando Parental Relocation Attorney Aubrey Harry Ducker Jr.

If you have an opportunity to make a better life for your child in another location, or you are a concerned parent with equal or fewer custodial rights you need to discuss your options with an attorney. The last thing a non-custodial parent wants is the other party to take your child away.

Probate and Collaborative Divorce Attorney

Struggling with child custody or a divorce? If you are seeking legal representation contact Aubrey Law. Attorney Aubrey Harry Ducker Jr. handle’s every legal representation from family law to elder law. Call us at (631) 248-6423 (Call for Aubrey) or send us a send us a message. Visit Aubrey Harry Ducker Jr’s Office. Attorney Aubrey Harry Ducker Jr. serves Altamonte Springs, Longwood, Maitland, Orlando, Oviedo, Winter Garden, Winter Park and Winter Springs and surrounding areas.