Legal Question in Family Law in Florida

Rights of Primary Residential Parent

In such cases where the non-custodial parent has relocated to another state, thereby rendering obsolete or impossible the visitation rules set in the Final Judgment, the parties may seek a modification of the visitation rules by court order. As a minimum, the custodial parent should advise the other parent in writing as to the rules of visitation: who pays for transportation, communication, return of the child, emergencies, etc. The stated rules should be sent by certified mail, requesting consent in writing. If the non-custodial parent disagrees with the rules, that parent who has relocated is advised to seek modification of the final judgment. Many parents can resolve these issues without obtaining court approval; others must resolve their disputes by further mediation or court hearing.