Florida Joint Petition By Custodial Parent and Non-Custodial Parent for Modification of Visitation Rights Allowing Removal of Child from State

State:
Multi-State
Control #:
US-01814BG
Format:
Word; 
Rich Text
Instant download

Description

This form is a generic petition and adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Once you recognize the signs of your co-parent engaging in manipulative behaviors, an effective way to combat their efforts is by establishing and sticking to healthy boundaries. By doing so, you can counteract their manipulation tactics and avoid contributing to the problem or negatively impacting your children.

Florida Requirements in Parental Relocation Cases Parental relocation agreements: If the other parent agrees to the relocation, it is necessary to establish a written agreement that not only establishes his or her approval, but that also addresses how parental access will be maintained for the non-relocating parent.

If the parents have joint physical custody, it's more likely that the judge would rule against the move unless the mother can prove it's in the child's best interests. If there isn't a permanent custody order in place, the judge will decide based solely on the child's best interests.

Custody laws for unmarried couples in Florida state that the mother is the natural guardian. She has legal custody the second the child is born. A father can request visitation, but it will be completely up to the mother to decide if she wants the child to see the father.

Florida is like most other states in that it generally does not allow a parent to move out of state with his or her child without the other parent's permission. Florida is different from some other states in that it also places restrictions on a parent's ability to move within the state.

During a divorce, a parent who wants to take a child out of Florida must obtain the written consent of the other parent. But, what happens if the other parent doesn't agree to the travel? In that case, the parent who wants to travel out of a state with a child can petition a family court for consent.

Florida views both parents as having equal parental rights until those rights are modified by a court other. Moving a child more than 50 miles away from the child's home could be considered an abduction if the parent does not obtain court approval for the move.

If there is no court order which names someone else as the legal guardian, the natural mother is the only legal guardian of the child. The father cannot attempt to take the child without first obtaining a court order. If the father attempts to do so, the mother should call the police.

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Florida Joint Petition By Custodial Parent and Non-Custodial Parent for Modification of Visitation Rights Allowing Removal of Child from State