Florida Parental Relocation Lawyer
Avoiding and Resolving Parental Relocation Problems
The parenting plan presented to the family court will specify detailed rights, responsibilities and logistical considerations concerning each divorced parent’s access to the children, subject to minor adjustments as needs and circumstances change over time. If a parent proposes moving away with a child, however, so that the other parent loses regular access to the child, Florida law requires the parent desiring to move to follow a procedure set forth in the applicable statute. If procedures are not followed, the parent can face serious ramifications that may affect his or her parental access.
If you need advice about your rights on either side of a proposal to relocate with a child, contact Brodie & Friedman, P.A., to discuss your situation with a seasoned Boca Raton parental relocation attorney.
If you’re the parent proposing relocation with a child, you should understand right away that court permission is both necessary and hard to get if the other parent opposes the move. Another option, of course, will be to negotiate for the other parent’s consent. The court will still need to find that the relocation is in the child’s best interest, but at least you won’t need to refute opposing arguments.
Florida Requirements in Relocation Cases
Under Florida’s new parental relocation statute, if a parent wishes to move the child’s primary residence more than 50 miles, the parent must first obtain written consent of the other parent or obtain the court’s approval.
- Parental relocation agreements: If the other parent agrees to the relocation, it is necessary to establish a written agreement that not only establishes his or her approval, but that also addresses how parental access will be maintained for the non-relocating parent. The agreement may address how the parenting plan will need to be modified, such as how holidays and school vacations will be divided and other changes in the visitation/time-sharing schedule. Additionally, it may address how travel costs will be allocated. Finally, the relocation agreement must be approved by the court.
- Contested parental relocations: A parent wishing to relocate must first provide the other parent with appropriate notification and allow sufficient time for the parent to object to the relocation. If the other parent contests the relocation request, the parent wishing to relocate must request the permission of the court. The court may consider many factors, including the reasons for the move, the relationships between each parent and the child, the time spent by the non-relocating parent with the child, whether the move will enhance the quality of life for the parent and child, the effect of relocation on visitation/time-sharing, and other factors affecting the best interests of the child. While decisions are made on a case-by-case basis, in most cases, if the nonrelocating 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.
It is important to have experienced legal counsel whether you are seeking to relocate or you are challenging a relocation request by the other parent.
Contact a Florida parental relocation lawyer today
Whether your rights as a parent are covered under a child custody and visitation agreement or a recent parenting plan, the lawyers of Brodie & Friedman, P.A., can advise you about your options and protect your interests in court. For additional information, contact our office in Boca Raton.