Orlando Relocation Attorney
Relocation When Children Are Involved
After a divorce, or paternity action, parents typically set up separate residences in the same community, and the parenting plan and timesharing schedule are written in a way to provide both parents with frequent and meaningful contact with the kids through custody exchanges. However, the need for a parental relocation may later arise. Circumstances may include a military or job transfer or a new job opportunity, or simply the desire to start over in a new place. a significant move most often causes damage to an existing parenting plan, so any move should not take place without securing the agreement of the other parent or going to court and modifying the timesharing as necessary. if you are a parent seeking to move away with the kids or a parent who is unsure how to handle your co-parent’s intended move, talk to the divorce and custody lawyers at Greater Orlando Family Law. Our experienced Orlando relocation attorneys will explore options and solutions with you and help you find a resolution in the best interests of you and your kids.
Parental Relocation under Florida Family Law
Not every move counts as a relocation that requires a modification of timesharing. According to Florida Statutes 61.13001, parental relocation with a child means a change in the location of the parent’s principal place of residence that is different from the residence at the time of the last order establishing or modifying time-sharing. Additionally, the move must meet the following criteria:
- be at least 50 miles from the previous residence; and
- be for at least 60 consecutive days, not counting any temporary absence for the purpose of vacation, education or providing for the child’s health care.
The court will only approve a parental relocation if the judge is convinced the move is in the best interests of the child or children. Our Orlando family lawyers can help you deal with a proposed parental relocation in one of two ways:
Relocation by agreement – the parents are free to reach an agreement regarding the relocation by signing a written agreement that reflects the consent to the relocation by both parents, defines an access or timesharing schedule for the non-relocating parent and describes any necessary transportation arrangements related to access or timesharing. This agreement is filed with the court, and if no hearing is requested, the court will presume that the relocation is in the best interests of the child. at Greater Orlando Family Law, our attorneys are well-versed in mediation, collaborative family law and working cooperatively with co-parents to resolve issues that arise post-divorce, and paternity. We’ll help you find a solution to the proposed relocation that works best for all family members involved.
Petition to relocate – Without an agreement, it is necessary for the relocating parent to file a petition with the court and serve it on the other parent. This petition should include details about the date and location of the intended move, along with a detailed statement of the specific reasons for the move and a proposal for a revised schedule for access and timesharing, for the non-moving parent. if the nonrelocating parent objects to the move, a hearing will be held in court to determine whether the relocation is in the best interests of the child.
The court considers a number of different factors to determine a contested relocation. These factors include:
- The child’s relationship with each parent and other significant persons in the child’s life
- The age, needs and developmental stage of the child and the impact of the relocation on the child’s development
- The feasibility of preserving the relationship between the nonrelocating parent and the child
- The child’s preference, (depending on the child’s age and maturity)
- Whether the relocation will enhance the moving parent’s quality of life, and the quality of life of the child
- The reasons the relocation is being sought by one parent and opposed by the other parent
- The current employment and economic circumstances of each parent
- Whether the relocation is sought in good faith
- Any history of substance abuse or domestic violence by either parent
- Any other factor affecting the best interests of the child
- In contested relocations, our family law attorneys at Greater Orlando Family Law will build a strong case backed by evidence on all applicable factors to persuade the court on the proper course of action. We are staunch and effective advocates for our clients’ needs and interests.
Call Greater Orlando Family Law for Help with Parental Relocation Issues
For help regarding a proposed parental relocation with the children, contact Greater Orlando Family Law for a confidential consultation with a team of dedicated and compassionate Orlando family lawyers