Tag: child relocation

Child Relocation: What You Need to Know Before You Move

Child RelocationIn Florida, if a parent moves 50 miles or more from the residence they occupied when the last time-sharing schedule was filed with the court, this is considered a relocation.  If you have a minor child and are considering relocating after a divorce, there are a few things you need to know.

First and foremost, your parenting time agreement may require modification due to the move. If you move first, without filing the appropriate paperwork with the court and, if necessary, having a hearing on the issue, you could be subject to contempt proceedings.  Additionally, a move without court approval could result in a proceeding to compel the return of your child. read more

Five Child Relocation Considerations And How it will Affect Child Custody

Summertime is a popular time for people to think about moving, whether it’s to a bigger house in the same neighborhood, or to a different city or state because of a job.  When relocating, you might be considering what part of town and style of house you’d like to live in and whether your new home will be in proximity to schools and shops.  When child relocation involves custody issues, whether pre- or post-divorce, there are additional things you might want to consider before you relocate.

  1. How far are you planning on moving?  

Whether you are moving within the State of Florida or moving out of state, where you are moving to, and how far the location is from your current residence is an important consideration.  Under child relocation laws, if you decide to move more than fifty miles from your current residence, then you are required to file a petition that informs the court and your ex-spouse of your intent to move.  This is required even if your divorce and parenting plan/custody agreement is still pending. read more

Reasons for Child Relocation That Are Considered by the Courts

Child relocation cases require balancing the needs of both parents and the child. Luckily, parents can’t just decide to move away from the other parent.  If a new custody agreement cannot be reached between the parents, then the court gets involved to make changes to the child custody agreement. There are many reasons for child relocation that are considered by the court.  A court might adjust a custody agreement to allow for relocation for the following reasons.

Economics

Economic reasons for child relocation are often cited in relocation petitions. In fact, even when other factors motivate the request, the court will look at the likely economic impact of a possible move. It is a logical approach since a family’s economic situation clearly affects the child’s well-being. While a parent moving out of state can create visitation difficulties for the other parent, courts recognize that adults sometimes need to move because they are being transferred by their current employer or have significantly better job opportunities in a different location. In this situation, the courts seek to determine what is in the best interest of the child by weighing the potential economic benefits against the possibility of damaging the other parent’s relationship with the child. read more

Florida Child Relocation After Divorce

Divorce is a stressful time for all parties involved. It is a life-changing situation especially when children are involved. The stress is exacerbated further when custodial parent relocation becomes a point of contention. If a parent wants to implement a child relocation after divorce, the matter becomes even more complex and sometimes more contentious.

Florida Law: Child Relocation After Divorce

Florida Statutes concerning relocation are focused on what is best for minor children and protecting the rights of non-custodial parents. If the relocation means moving more than 50 miles from the non-custodial parent, the relocating parent will have to inform the courts and the former spouse by using the Intent to Relocate form. The laws specify formal written consent. However, even when the other party consents, the Court may still step in to review the petition. read more