Q: Do a relocated non-custodial parent should have sent a petition to relocate if didn't exist any shared-parenting order?
A non-custodial parent moved after separation to Texas after the other custodial parent decided to move with the child to Orlando (both lived in Miami). A dissolution of marriage started after that and 1 year later this dissolution was done with a parenting plan. In this parenting plan the non-custodial parent just put the address from Florida as a mailing address because at this time he was working in different states, but the other party always had knowledge of where the child spent time-sharing (in Texas), also explained at hearing for this matter (the Dissolution of Marriage). Section 61.13001 - Parental relocation with a child. Non-custodial parent did not relocate the child, there was no order establishing or modifying time-sharing, or at the time of filing the pending action to establish. Should a relocated non-custodial parent have sent a petition to relocate if didn't meet the criteria on this Florida Section? Thank you
A: The starting point for this question is to read your parenting plan. That is the law of your case. Technically a parent can move anywhere as long as they notify the other parent of their new address. Relocation comes in if the parent is trying to change the child's school or timesharing schedule. Take your current parenting plan and speak with a local family lawyer for more specific advice.
Pamela J. Fero agrees with this answer
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