Parental Relocation Attorney
Lives change after divorce. Many parents who have divorced or separated choose to move out of state or even out of the country to get a fresh start. However, packing up and leaving with the children is not always permissible and can be very complicated. Divorced parents’ eagerness to move away for either a new job or to be closer to extended family can have a powerful impact on both parents’ child custody and time-sharing rights.
Since each parent has legal rights to his or her children, a custodial parent cannot move without agreement of the other parent or an order from the court. Although there is no presumption for or against a relocation, receiving approval from the court can be very daunting since courts are likely to rule in favor of not disrupting the child’s current living situation.
Requirements For Parental Relocation in Florida
Under Florida’s Relocation Statute 61.13001, in order for a custodial parent to move more than 50 miles away from the other parent, the court must grant permission for the move. The custodial parent opting to move must file a petition to relocate with a minor child or children. The court will then make a decision based on a number of factors, including: reasons for the move, new visitation schedule, prior visitation experience, child support payments, and the preference of the child.
Two Types Of Parental Relocation: Domestic and International
At Klein Law Group, our attorneys help parents protect their time-sharing rights no matter where they live or where they want to move. We enforce our clients’ parental rights within the state of Florida and around the globe. There are two types of child relocation cases — domestic and international.
Florida’s child relocation law defines relocation as moving 50 miles or more from the residence of the other parent. The parent who wants to move must file and serve a written notice upon the other parent. If the non-moving parent has been active in the child’s life, it’s often difficult for the moving parent to receive permission to relocate. However, if an agreeable parenting plan can be created to include a favorable visitation schedule and compensation for travel, permission may be granted.
Parents who wish to relocate internationally with their child face a tougher time from the courts. Judges weigh more factors into the decision. They assess the reason for the move, the distance of the new destination, and the conditions of the intended country. Also, the court has to consider if the any international child custody laws would interfere with the relocation.
Klein Law Group Parental Relocation Lawyers Represents Custodial and Noncustodial Parents In Relocation Cases
A move does not have to mean an end to the parent-child relationship. Klein Law Group has experience resolving difficult family law matters, especially ones pertaining to relocation after divorce or separation. We will strongly defend the rights of each parent — custodial and noncustodial alike. Our South Florida law firm handles all matters related to a child relocation request including preparing and filing all required documents and acting as your guide in all legal proceedings.
What’s The Next Step?
To schedule your no-fee, no-obligation consultation with one of our attorneys, please call us (561) 353-2800 or fill out the contact form on the side of this page. We have extensive experience and knowledge in handling relocation issues in compliance with Florida law. Our offices are located in Boca Raton, West Palm Beach and Fort Lauderdale.
Parental Relocation Law Firm FAQs
A parental relocation agreement is a written agreement signed by both parties that outlines relocation approval and establishes how parental access will be managed for the non-relocating parent. The agreement highlights the changes to the parenting plan such as how the relocation affects vacations, holidays, and other visitation dates on the schedule. In addition, it can address travel costs and how they will be allocated. The agreement must be approved by the court.
If the non-relocating parent contests their ex-partner’s request to move, the parent seeking to relocate must request permission from the court. The court will consider many factors that affect the best interests of the child: Reason for the move, relationships of each parent with child, time spent by the non-relocating parent with the child, whether the move will enhance the quality of life for the parent and child, and the effect of relocation on visitation/time-sharing. In most cases, if the non-relocating parent is an involved parent, the court will probably not approve a relocation that is greater than 50 miles from the child’s primary residence.
If you are the noncustodial parent and you object to your ex-partner’s relocation request, you should consult with an experienced lawyer as soon as possible. You will only have a short amount of time to refute the proposed move. The move could greatly affect your relationship with your child, so it is wise to seek legal advice and make sure your parental rights are protected.