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Miami Child Relocation Lawyers

Skilled Miami Child Relocations Lawyers Ready to Ensure Your Child's Well-Being

When two parents split custody of their shared child, one parent relocating to a different area can significantly impact the custody arrangements. In Florida, relocation is defined as one parent moving at least 50 miles from the current residence for at least 60 days.

Relocation has significant child custody and time-sharing implications, and parents can sometimes come to agreements on their own without the requirement of a formal hearing. Other times, they need to involve the court system to gain approval for relocation and modify the custody arrangements as necessary.

If you or your child's other parent are considering relocating, you need a qualified Miami relocation lawyer to represent you and guide you through the process. Contact Miami Family Law Group, PLLC to schedule a strategy session with one of our experienced Miami family lawyers.

How Does the Court Determine Whether a Child Can Relocate With a Parent in Florida?

If a child's parent is relocating, the court will review several factors to determine whether it is in the best interest of the child to relocate with the parent. These factors include the following:

  • The child's relationship with both parents
  • The child's age and needs
  • The effect of the move on the child's development
  • The child's preference for the move
  • The logistics to maintain visitation with the non-relocating parent
  • The relocating parent's reason for moving
  • Any other factors related to the child's best interest

What Is a Petition to Relocate?

If the parents disagree about the relocation, the relocating parent will need to file a petition to relocate. This official court document contains the following information:

  • The relocating parent's new address and phone number
  • The expected date of relocation
  • The reasons for the relocation, including an official job offer if applicable
  • The plan for transport during the child's visitation
  • The planned visitation schedule after relocation

The relocating parent will serve this document to the non-relocating parent. Then, the non-relocating parent will have 20 days to respond with reasons why the relocation should not be allowed or why the planned visitation schedule is inadequate.

If the non-relocating parent fails to respond within 20 days, the court can approve the request for relocation without a court hearing. However, if the non-relocating parent responds with reasons to not allow the relocation, a hearing will take place.

Whichever side of the relocation you are on, working with a relocation attorney in Miami is essential to state your thoughts and arguments clearly and effectively within the court's processes. Contact us to schedule a strategy session.

What Happens if a Parent Relocates in Florida Without Court Approval?

If a parent relocates without court approval, and the non-relocating parent does not agree with this relocation, the relocating parent may be in contempt of court. The judge will consider the relocating parent's failure to notify the court when determining any modifications of the custody arrangement or whether to require the parent to return the child. The relocating parent may also face other penalties for being in contempt of court.

Often, relocating parents wonder why they need to gain court approval to move to a new location. However, Florida's legal system has found this process necessary to ensure that a move is in the child's best interests. Parents who split custody of a child cannot change the arrangements of that custody without gaining approval from the other parent and/or the court.

How Does Relocating in Florida Affect a Child?

In some cases, relocating can have a positive effect on a child, as they will have the opportunity to experience a new place and spend more dedicated time with the relocating parent. Additionally, depending on the relocating parent's previous living arrangements, relocating may improve their circumstances.

However, relocating can also be stressful for a child. The child will need to split their life between their two residences. Depending on the new custody arrangements, they may need to start attending a new school, make new friends, and adapt to a new social environment.

Working with a Florida relocation attorney can help you, the child's other parent, and the child create an arrangement that places the child's best interests at the forefront.

Relocation FAQs

Q

What Is Child Relocation in the Context of Florida Law?

Answer: Child relocation occurs when a parent intends to move with a child to a different geographical location that is more than 50 miles from their current residence in Florida. This situation requires careful consideration, as it impacts child custody and visitation arrangements that have been established in court. Florida law mandates that a parent seeking to relocate must provide notice to the other parent, allowing them the opportunity to either agree to the move or contest it in court. The court will consider the relocation request and any objections made by the other parent to determine whether the relocation will be allowed and whether any changes will be made to child custody orders.

Q

What Are the Legal Requirements for a Parent Who Wishes to Relocate With a Child?

Answer: The relocating parent must provide the other parent with a written notice of their intent to move before the intended relocation. This notice must include specific details about the proposed relocation, including the new address, the reasons for the move, and a proposed revised parenting plan. The other parent will have the right to file an objection with the court within 20 days of receiving the notice. However, if no objection is filed within the required timeframe, the relocation request may be granted, as long as the court finds that the child's best interests would be served by relocating to a new home with a parent.

Q

What Happens if the Non-Relocating Parent Contests the Relocation?

Answer: Non-relocating parents have 20 days after receiving a relocation notice to contest it if they so choose. If a parent files an objection to a relocation request by the other parent within the required amount of time, a court hearing will be held to determine how the dispute will be resolved. During this hearing, both parents can present arguments and evidence. The court will then make a decision based on the best interest of the child, taking into account each parent's proposed plans. The court may rule in favor of either parent, or a judge may consider the arguments and evidence presented by both sides to create a modified child custody agreement that will provide for the child's best interests.

Q

How Can a Parent Prove That a Relocation Is in Their Child's Best Interest?

Answer: To show that a relocation will be in the child's best interest, the relocating parent will need to provide evidence that demonstrates the benefits of the move, such as better educational opportunities, improved living conditions, or access to family support. Demonstrating that the child will be able to live in a supportive environment with all required opportunities will increase the likelihood of approval. Additionally, showing a well-thought-out plan for maintaining a relationship between the child and the non-relocating parent can be helpful.

Q

Can a Parent Relocate if They Have a Shared Custody Agreement?

Answer: Yes, a parent can seek to relocate even if there is a shared custody agreement, and this request may include proposed modifications to the arrangements that are currently in place. A parent will be required to file a relocation request with the court, and they will only be allowed to relocate if they receive the court's permission.

Q

What if There Are Other Changes in Circumstances After a Relocation Is Granted?

Answer: If circumstances change after a parent files a relocation request, either parent can petition the court for a modification of the parenting plan. The court will reassess the current situation to determine whether the changes in circumstances warrant further modifications. Adjustments may be made to child custody to ensure that the child's best interests will be provided for.

Q

Are There Any Specific Rules for Relocations Within the State of Florida?

Answer: In-state relocations that involve moving more than 50 miles from the child's primary residence are subject to the same rules as out-of-state relocations of more than 50 miles. The relocating parent must still obtain court approval and make sure they comply with Florida family law.

Contact a Miami Parental Relocation Lawyer

Whether you are considering relocating or your child's other parent is planning a relocation, it is important to work with a Miami parental relocation lawyer to avoid missteps that can negatively affect your custody and your plans.

Your relocation attorneys in Miami can help you present your thoughts and ideas about the relocation with effective, convincing language. They can also help you gather evidence to support your argument and represent you at the hearing.

At Miami Family Law Group, PLLC, we are dedicated to helping families navigate time-sharing and relocation issues. We will put our years of experience and in-depth knowledge of family law in Florida to work as we manage your case.

Contact our legal team in Miami, FL today by calling 305-520-7874 to schedule your strategy session.

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Contact Miami Family Law Group, PLLC

Our attorneys are ready to help address your legal needs. Schedule an appointment by calling 305-520-7874 or contacting us online.

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