New Port Richey, FL (PRWEB) August 15, 2006
Effective October 1, 2006, the State of Florida has enacted a new law potentially affecting every parent that has experienced a divorce. The law presents restrictions on those that have primary custody of their minor children and that have plans of moving to another area with their children.
Prior to this new law, relocation with children was governed by previous agreement of the parents or prior order of the court. If no agreement was contained in the divorce decree, a court could later consider a list of factors defined by statute and allow or disallow the move. A common problem is that many parents move without permission of the other parent. The non-custodial parent then faces difficulty in maintaining a relationship with children. If the non-custodial parent does not file a lawsuit immediately, the situation becomes difficult if not impossible to reverse in the future. Many judges are reluctant to order the relocating parent back if the divorce decree did not contain restrictions on relocation.
The new law on relocation radically changes the procedure for relocation and creates a fair process for notifying the non-custodial parent. Beginning October 1 2006, a parent that desires to relocate with children must send a document to the non-custodial parent giving notice. The document is called a Notice of Intent to Relocate and must be served on the other parent prior to relocation. The person that received the notice has 30 days to object to relocation. If an objection is made, relocation is prohibited until permission is received from a court.
The Notice of Intent to Relocate must contain the following information:
1.