CHILD RELOCATIONS
At Brady Law Firm, P.A., we understand how troubling this topic is for parents. Although we cannot avoid this emotional turmoil, we are here to bring forth our efforts to alleviate this entanglement.
The attorneys and staff of Brady Law Firm, P.A., are available to discuss your unique circumstances. Call us at: (305) 358-7688
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Understanding How Relocation Works in Florida
At Brady Law Firm, P.A., our lawyers are ready to discuss your specific circumstances, regardless of whether you wish to relocate with a child or children or whether you oppose the relocation. We will explain the process and how each factor impacts your case.
In Florida, a custodial parent wishing to move a distance greater than 50 miles away must notify the other parent before moving. This is called “relocation”. The initial document is usually entitled “Notice of Intent to Relocate” and is served upon the other parent. The Notice advises the other parent of the other parent’s intention to move with the child or children and provides the details in satisfaction of the relocation statute. The non-relocating parent will have an opportunity to object to the relocation. If the parents cannot reach an agreement on the issue, then the relocating parent must file and serve a Petition for Relocation with the Court. In the event that the other party objects to the relocation in a timely manner, the Court will conduct an evidentiary hearing to decide the matter. A significant factor for the Court to consider is whether the relocation would negatively impact the child/children or their relationship with the non-moving parent.
Petition for Relocation must include:
- The physical location, mailing address, and telephone number of the new home (if known).
- The date of the proposed relocation.
- The specific reasons for the relocation (for example, to accept a job offer).
- The proposed timesharing schedules following the move addressing transportation arrangements, additional timesharing, and other modes of preserving the relationship or communications with the other parent.
- Language advising the other parent of how they may object to the Petition for Relocation and the consequences for failing to respond and object.
Disclaimer: If the other parent fails to respond to the petition in a timely manner, the Court may presume that the relocation is in the child’s best interest and allow the move. If the other parent responds, the court will hold an evidentiary a hearing or trial to decide the issue.
Factors in Court When Deciding to Allow for Relocation:
The Florida courts base the determination on the children’s best interests. The Court generally will not allow relocation away from close family and friends absent other very compelling reasons. The relocating parent usually must present a very strong argument to overcome the objection by the other parent, especially if the other parent is involved in the child’s life and exercises frequent timesharing. Factor in the following:
- Child/children relationship with both parents, siblings, friends, and family member.
- Relocation impact on mental, physical, and emotional development.
- If child has special needs.
- Arrangements for transportation to preserve the relationship with parent if relocation is involved or not.
- History of domestic violence or abuse.
- If the child/children have a preference.
- Manners in which the relocation enhanced both the lives of the parent and child/children in a bright light.
- Reasons for requested relocation: employment opportunities for the relocating parent, financial stability, better educational opportunities for the child, or the opportunity to move close to family or close to a needed support structure for the parent and child or children.
- Reasons for the non-relocating parent’s objection to the relocation.
- Histories of child support, exercised timesharing, involvement in the life of child/children as well as relations with the other parent.
Do not delay in contacting the lawyers of Brady Law Firm, P.A., if you have been served with a Notice or with a Petition for Relocation or if you wish to relocate with a child or children. We have extensive experience with relocations and we can discuss the strengths and weaknesses of your case. Call us at:
(305) 358-7688
