Tampa, Florida

Relocation

Relocation Lawyer in Tampa

If minor children are involved in a divorce or paternity case in the state of Florida, there are laws that prohibit a parent from moving the child farther than 50 miles away from the current residence without obtaining a court order or a written agreement from the other parent. This law is meant to protect the parents and children from a situation where one parent will no longer be able to see the child, or if the move would be detrimental to the child in some way.

If either the father or mother is considering moving the residence of any minor children, it is vital to speak with a Tampa relocation of children lawyer before initiating the move. If you do not follow the proper procedure, you could risk losing your right to move or dispute the move of your child.

Contact one of our Tampa family law attorneys at Givens Givens Sparks now.

Requirements of Relocation

Pursuant to Florida Statutes 61.13001, a parent who desires to relocate more than 50 miles from his or her principal place of residence with the child must either obtain a court order allowing the relocation, or obtain written agreement to the relocation by the other parent.

If the parent seeking to move is unable to agree with the other parent regarding relocation, the statute prescribes a specific process that needs to be followed in order to have a court determine the issue of whether the party will be allowed to move with the child.

Furthermore, if a parent is notified that the other parent seeks to relocate with a minor child, there are specific motions that must be filed by the objecting parent. If the objecting parent fails to timely file the appropriate objection, that parent may lose the right to dispute the move.

Why You Need Experienced Legal Representation

Issues of paternity and relocation can be complicated. One parent may not be willing to compromise or comply with the proposed move. Some individuals use custody as a weapon against their spouse. Whatever the situation is, an experienced divorce attorney can make sure your rights are upheld. Our team at Givens Givens Sparks prioritize your needs. We will strive to ensure all your needs are met.

Contact a Tampa family law attorney at Givens Givens Sparks to discuss relocation.

Case Results

  • Family Law Case - Child Custody

    Givens Givens Sparks trial attorney, Kelly Candela, successfully litigated a family law case in which a child was nearly removed from her mother’s custody and given to the child’s alleged father, although the father had not yet established paternity. Candela filed a written response on behalf of her client (the mother) alleging fraud by the father and had the pick-up order set aside before custody was transferred to the father. The practical result was to allow the mother and child stay in their home state (not Florida) pending the resolution of the case. The Court agreed and granted Candela’s client custody.

  • Family Law Case - Child Custody

    Givens Givens Sparks trial attorney, Kelly Candela, successfully litigated a family law case in which her client filed a Petition to Establish Paternity, and the mother was served. After being served, the mother fled the state with the child. Candela filed an Emergency Motion for the immediate return of the child, and at that hearing, which was granted on an emergency basis, the mother was forced to turn the child over to the father, giving the father sole custody of the child pending the ultimate resolution of the case.

  • Family Law Case - Relocation

    Givens Givens Sparks trial attorney, Kelly Candela, successfully litigated a family law case in which her client (the father) accused his child’s mother of relocating the child out of state without the consent of the child’s father. Candela was able to obtain a court order to return the child to the state of Florida and to remain in her client’s care while establishing permanent custody and timesharing plans. After Candela’s successful litigation of the case, the Court ruled that the mother’s Petition for Relocation was denied, and that the child shall live primarily with Candela’s client in Florida, with summer and school break schedules allotted to the mother.

  • Family Law Case - Timesharing Violation

    Givens Givens Sparks trial attorney, Kelly Candela, successfully litigated a family law case in which her client was accused of violating a timesharing schedule agreed upon by both parental parties at the time the couple was divorced. The client’s child’s mother claimed that Candela’s client did not return the child for holiday timesharing at both Christmas and Easter. Candela had sent formal correspondence to the child’s mother regarding the dispute over the interpretation of the timesharing schedule, and when she did not agree, the father kept the child. The Court agreed with Candela’s interpretation of the timesharing schedule and found that her client was not in contempt for either holiday.

  • Family Law Case - Unilateral Medical-Related Decisions

    Givens Givens Sparks trial attorney, Kelly Candela, successfully litigated a family law case in which she filed a Motion for Contempt on behalf of her client against the mother of his child for making unilateral medical-related decisions for the minor child without his knowledge. The Court agreed that the mother was in violation of the final judgment of their dissolution of marriage and held her in indirect civil contempt. The Court also ordered that the treatment in question cease immediately and that the mother be solely responsible for any and all costs related to that treatment. Furthermore, the Court ordered that the mother was not to make any unilateral decisions in the future and was to notify the father of any future appointments so that he could be present either over the phone or in person.

Client Testimonials

  • "I feel exceptionally fortunate having been referred to you."

  • "I would recommend them 200% to anyone who has to go through a divorce."

  • "I truly appreciate your brilliant legal minds and your professional protection of my desires and interests as pertaining to my home."

  • "Stann is an intellectually gifted, highly motivated, knowledgeable attorney. He was truly a 'master negotiator.'"

  • "I appreciate you both always taking the time to answer all of my questions"

  • "Your guidance and wisdom has truly guided me through this difficult process that I can now put behind me. "

  • "His research, preparation and professionalism is noteworthy in every aspect. You have a brilliant attorney on your team."

  • You have been wonderfully amazing. Thank you for everything. So grateful.

  • Mr. Givens performed 1000 percent beyond expectation, and I received excellent results. Stann is a true Rain Maker.

  • Chris Givens provided excellent advice and went to great effort to meet my unique scheduling needs.

  • I have endured a very complex and exhausting legal experience. If not for the help of the Givens Law Group family I do not know that I would have been able to overcome such a nightmare.

  • The entire firm extended a personal interest in my case from the beginning to the end.

  • I have worked with attorneys my entire professional career. My experience with the Givens Law Group was the best, by far.

  • Although I have been very active with the legal community over my career, I have never been through anything like a divorce.

  • Givens Law Group will be my first thought if anyone ever asks about a referral to an attorney.

  • I just want to take a minute to tell you how amazing you are at your job!

  • Stann, I just wanted to drop you a line and let you know how much I appreciate the hard work by the attorneys in your firm.

  • Stann, thank you doesn’t seem like enough. You are truly a master negotiator.

Get In Touch

At Givens Givens Sparks, your family is our family. As such, we promise to fight for each client and voraciously protect their best interests. Facing a family law issue? Get in touch with us to learn how we can help!

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