But Harounian mentions that it could get a little complicated and expensive. If you live in San Jose, Santa Clara, or the surrounding communities, contact Lonich Patton Ehrlich Policastri for a free consultation. And there are other things to consider that are unique to each case and each family. All rights reserved. "Since a relocation usually involves a change of school and will create obstacles to coparenting/visitation, you need court permission or consent of the noncustodial parent." For a full listing of areas where we practice, please click here. The results can be uncertain and what will happen is at the discretion of a judge. This is where both parents share an equal number If your ex doesn't respond to prevent the move, you're free to move as planned, but try to renegotiate visitation and other logistics before you leave so you're less likely to run into problems down the line. Kids, on the other hand, not so much. Your email address will not be published. How far can a parent move with joint custody? The statute does not apply to parents without joint legal custody… Will A Judge Let Me Move? Understanding Joint Custody Relocation in Florida. State law also does not define joint custody versus sole custody. They can help you gather documents and evidence to support that the move is in the best interest of the child. The main takeaway is that the judge must find the move in the best interest of your child(ren). But if you can show the court or your ex that the move would benefit your child, then you could actually get what you're seeking. When it comes to being able to move somewhere close to where you're living now, you don't need permission from your ex or a judge to be able to do so. No client or other reader should act or refrain from acting on the basis of any information contained in Lonich Patton Ehrlich Policastri Web site without seeking appropriate legal or other professional advice on the particular facts and circumstances at issue. Please prove that you are human by solving the equation *, 1871 The Alameda, Suite 400, San Jose, CA 95126 Money, honestly, is relatively easy most of the time. Joint custody is all about compromise. Can I move with joint legal custody? Our experienced attorneys offer complimentary 30-minute virtual consultations to clients. "Generally speaking, joint custody means that parents must communicate and consent regarding important issues affecting the child’s health or welfare," Harounian adds. Required fields are marked *, How would you like to be contacted? Child custody relocation isn't uncommon following a divorce or separation. They can also work with your ex to try and come to an agreement to the custody order that you both are satisfied with, which you can then take to court for approval. Learn how far a parent can move with joint custody. Phone: (408) 553-0801 | Fax: (408) 553-0807 | Email: contact@lpeplaw.com. Set yours up here. What Is A Restraining Order & How To Get One. Florida law defines relocation as one parent moving 50 miles or more away from the current residence, for at least 60 days, distinguishing it as a permanent move rather than a vacation, temporary move for … Generally if a parent’s move will impact the parenting arrangement specified in the last court order, the order should be modified to account for the new arrangement. However, it can get a little complicated if you're looking to change schools or you're moving far enough away that will affect visitation. The modification can be filed by the parent looking for permission to relocate, or by the remaining parent who wishes to update the custody agreement so that they don’t lose time with their child(ren). "It takes communication and compromise, and an experienced attorney or mediator." The accessibility of the move – this has to do with distance and expenses related to visitation by the other parent if the move is approved. Readers are responsible for obtaining such advice from their own legal counsel. Ask your lawyer. As a result, courts are more likely than ever before to grant either physical or legal joint custody. When you share joint custody with your ex, the idea of a big life change such as moving can be scary. The distance you can move can only be determined by a judge. All rights reserved. If you have sole custody, as opposed to joint-I don't think it matters at all where you move-even to another state (but I live in NY). The current visitation schedule – This will take into account how much time the child spends living with each parent and the effect this time has on the child(ren).

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