Orlando Relocation Lawyer
Often, one parent wants to relocate following divorce or the end of a nonmarital relationship in order to be closer to extended family, accept a new job, because of a new marriage or for other reasons. Relocation is a challenge when minor children are involved. Florida statutes regarding child relocation focus on the best interests of the child or children, as well as protecting the rights of the noncustodial parent. If the proposed relocation involves moving more than 50 miles from the noncustodial parent, the parent who wishes to relocate is required to file a formal notice to the noncustodial parent and the court.
Do not relocate without court approval. Relocating a child without complying with Florida statues subjects the party in violation to contempt and enforcement proceedings. Such action may be considered by the court if the child’s other parent seeks modification of the parenting plan as a result.
If both parents agree to the relocation of the child, those terms must be put in writing and filed with the court. This may take several weeks or months. Because this agreement should be approved by the court prior to the relocation, it is critical to begin the process as early as possible. A move may result in modification to child support as well. The parent proposing the move must either have the consent of the other parent or a court order allowing the relocation.
If either parent does not agree to the relocation, the other parent must file a petition to relocate. It is even more important to file this petition as early in the process as possible, as a contested relocation may take a year or more to be resolved.
We Fight For Parents’ Rights In Relocation Cases
At Anderson & Ferrin, Attorneys at Law, P.A., our Orlando relocation lawyers represent parents who are requesting approval to relocate, as well as parents who want to prevent a spouse from moving away with a child.
The court reviews a number of factors when determining whether relocation is in the child’s best interest, including:
- How the relocation will affect the child’s relationship with the noncustodial parent
- The reasons why the parent seeking to relocate wants to do so
- The child’s relationship with the relocating parent, the parent who is not moving, siblings and extended family members
- The impact of the move on the child’s education and emotional development
- The level of involvement of the non-moving parent in the child’s life before the request to relocate was filed
Our Orlando relocation lawyers have extensive experience in these cases and know how to build a compelling case to achieve your objective. Whether you are requesting the right to relocate or seeking to prevent your child’s other parent from moving away, it is important to put our knowledge on your side.
Call 407-412-7041 or use the contact form on this website to schedule a free, no-obligation consultation.
