QUALITY, INTEGRITY, EXCELLENCE
Modifications
Because A Final Order Isn't Always Final
Although a divorce is the end of a marriage, it might not be the final end to litigation. From time to time, modifications to the initial order might be needed. The James Turner Law Firm, LLC in Milton, Florida is here to help you.
When looking at a modification of an existing order, consider the following:
- In order to successfully petition the court for a modification of custody and/or visitation, the parent must demonstrate that there has been a substantial change in circumstances and that the change is in the child's best interest.
- Alimony can be modified either upward or downward if there is an unanticipated substantial change in circumstances for either spouse. This can include an involuntary decrease in income, a loss of job or work hours, an illness, an increase in salary, a change of job, or even cohabitation of either spouse. If any of these changes occur, it may be possible to modify an order regarding alimony.
- As children grow older, their health care needs change. This could be a ground to modify child support. Additionally, if either parent has a substantial change in circumstance affecting their ability to support their children, the child support order can be reviewed.
Call (850) 983-0725 today to schedule an initial consultation.
Contact us online or call us to schedule your consultation with Milton child support, child custody and alimony modification attorney James Turner so that you can learn more about your rights and options.
PARENTAL RELOCATION ISSUES
Parental relocation issues can be complicated. If you are a custodial parent who plans to move more than 50 miles away after a divorce, an experienced Milton family law attorney can inform you of your rights and obligations under Florida’s new parental relocation laws. If your former spouse is planning to leave the state with your child, a lawyer experienced in child custody issues can explain your parental rights and options regarding the proposed move. Contact Santa Rosa County, Florida, child custody and visitation lawyer James Turner today. We offer a low-cost consultation.
When a custodial parent moves away following a divorce, it requires major adjustment on the part of all parties involved – parents, children, grandparents and other extended family members. Relocation disputes often are difficult to resolve. At The James Turner Law Firm, LLC in Milton, we will address the facts of your case and consider the interests of all parties – primarily the best interests of the children – in an effort to effectively settle the relocation issue. Whether you wish to fight parental relocation or you are a parent seeking relocation with your child, we can help. Our family law attorney will take the time to explain your rights, obligations, and options under Florida’s parental relocation laws.
Florida’s Parental Relocation Statute
Under Florida law, strict procedures must be followed in relocation cases. Before moving a child’s principal residence address more than 50 miles away, a primary residential parent (custodial parent) must either: obtain the written agreement of all parties entitled to visitation with the child; or file and serve a Notice of Intent to Relocate.
Relocation by Agreement
The parent who wishes to move away with the child will be allowed to move if he or she obtains the written consent of the other parent and every other person entitled to visitation with the child. An informal agreement between the parents is not enough. The agreement must be in writing and: reflect the agreement to the relocation; define the visitation rights for the parent who is not moving (and any other persons who are entitled to visitation); and describe, if necessary, any transportation arrangements related to the visitation. The agreement must then be ratified by the court.
Notice of Intent to Relocate with a Child
If the primary residential parent wants to move with the child or children more than 50 miles away, he or she must notify the other parent of a proposed relocation – unless the parents have agreed to the move as discussed above. The Notice of Intent to Relocate must list each reason for the proposed move in great detail (better schools, a better job or employment opportunity, financial reasons, increased family support, etc.) and must include a proposed new visitation schedule. The other parent can then agree to or object to the proposed move.
Parental Relocation Court Proceedings in Escambia & Santa Rosa Counties
In Florida, a custodial parent cannot move during the time the other party has to object to the move. Nor can the parent move without court approval if the other parent has filed an objection to the move. If the non-custodial parent objects to the move there will be a hearing where the court will determine if the proposed move is in the best interest of the children. In deciding whether to allow the move, the court will consider all facts and circumstances, including:
- The reasons for the move,
- The time spent with the non-custodial parent now and after the proposed relocation, and the relationship between each parent and the children,
- The effect of the move upon the children’s physical, educational, and emotional development and upon the non-custodial parent’s visitation rights,
- Whether the relocation will enhance the general quality of life for both the parent seeking the relocation and the child, including, but not limited to, financial or emotional benefits or educational opportunities, and
- Any other factor affecting the best interest of the children.
To determine whether to allow the relocation of a minor child, the court looks at many factors, including the reasons given for moving, the reasons given for opposing the move, and the relationship between the parties. The custodial parent’s reason for relocation is important. Moving out of Florida after divorce to be close to family or other support, to address major health problems, to protect the child from harm, or to pursue a significant educational or professional opportunity, are among legitimate reasons to move per relocation law.
The Court can consider whether a parent followed the relocation procedure in determining custody and visitation rights and can even permanently change custody if the relocation procedure isn’t followed. Consult with our knowledgeable Santa Rosa County custody attorney to understand how Florida child custody law affects a proposed relocation.
While your child’s or children’s best interests are always of primary importance, move-away issues, grandparent visitation rights and other factors complicate child custody matters today for parents, lawyers and the courts. Our firm works closely with each client to identify factors relevant to child custody determinations and helps to effectively communicate those factors to the court.
Working to Protect Your Parental Right to Child Custody and Visitation
Healthy parenting requires that both parents are active in the child’s life. An experienced custody and visitation lawyer will assertively represent your interests so you can maintain strong ties with your child even though you are separated in distance. If you are considering relocating, or if your ex-spouse has filed a notice of intent to relocate or has already relocated with your child, we can advise you and help to protect your parental rights. If the other parent’s relocation with your child will impose on your right to spend meaningful and consistent time with your child, we will work with you to protect your custodial and visitation rights.
At The James Turner Law Firm, LLC, we tenaciously advocate for the rights and interests of our clients and their families in post-divorce relocation cases and in all aspects of family law.
Whether you are demanding that child relocation be stopped, or you have questions about Florida child relocation law, contact Milton child custody attorney James Turner at The James Turner Law Firm, LLC, today to discuss your case.
CALL (850) 983-0725 to schedule your consultation
Contact us online or call us to schedule your consultation with Milton child support, child custody and alimony modification attorney James Turner so that you can learn more about your rights and options.
Clients of the James Turner Law Firm, LLC know that excellence is in the very foundation of the firm. Clients hire our firm for a reason: aggressive and quality representation. We will always protect and pursue our clients’ interests to the extent of what the law allows. We pursue a course of calculated aggression so as not over litigate when the case does not require it. Essentially, it is our job to provide you with the most cost-effective, aggressive representation possible and we strive to do that each and every day.
Copyright 2024. James Turner Law Firm, LLC. The Milton, Florida, office of The James Turner Law Firm, LLC, serves clients throughout Escambia and Santa Rosa Counties, including Pensacola, Bellview, Gonzalez, Century, Pace, Gulf Breeze, Milton, Cantonment, Molino, Perdido Key, Walnut Hill, Bagdad, Navarre, Fort Walton Beach and Pensacola Beach; counties including Santa Rosa County and Escambia County; as well as Eglin Air Force Base, Whiting Field and NAS Pensacola (Naval Air Station).
Call
(850) 983-0725
today to set up an appointment.
Practice Areas
FAMILY LAW
Call (850) 983-0725
5208 Elmira Street • Milton, Florida 32570