Our Skilled Child Relocation Lawyer in Miami Discusses Relocation in Florida
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 adjust 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, having relocation attorneys 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.
