Child Relocation in the Age of Covid-19
Family law and child custody place considerable emphasis on ensuring that children maintain substantive relationships with the parent and that both parents get to share time with the child as they grow into an adult. Custody orders mandated by the court or agreements usually involve a recurring schedule, where the days spent with each parent alternate so that parents can share time with the child in equal amounts. A Miami family law lawyer can share more information on this.
When it comes to relocating with a child, the courts and laws are particularly stringent. While each state has its laws on child relocation, for that to happen, the burden of proof on the relocating parent is in the “best interests” of the children. The parent moving away must show that it is in the child’s best interest to be away from the non-relocating parent. This may be because the parent got married again or they’ve accepted a new job, for example.
The consequences of the court are serious enough that seldom will a parent attempt to relocate with their children without court consent or written permission of the other parent. In Florida, before a parent can move more than fifty miles away, child custody law may require approval from the other parent or even a judge. Should the relocating parent not abide by the law it may likely lead to court contempt. Furthermore, the court may mandate that the child returns to where they were originally residing. The court may also take a close look at the relocating parent’s actions should it decide to make adjustments to the custody agreement. Consult with a Miami FL divorce attorney for more insight.
Interestingly, ever since the rise of the pandemic, the child relocation environment has changed. Courts that had quickly taken action before Covid-19 to demonstrate their dissatisfaction with parents who moved away with their children without court authorization were not mandating the children return immediately. The rights of the other parent over their children were no longer paramount. There may be scenarios where the children are still living far away.
The Uniform Child Custody Jurisdiction and Enforcement Act has been implemented by all fifty states in which the “home state” of a child is determined whenever the child has lived in the state for a minimum of six months. If during the pandemic the courts don’t push for the return of the children, how will that affect the parent that’s been “left behind”?
