West Palm Beach Relocation Lawyer
Family law issues can be some of the most difficult legal issues to handle, especially those involving child custody. For example, a Florida parent with custody of a minor child must notify the other parent when planning to move more than 50 miles away from the child and stay away for more than 60 days. The moving parent also must get permission from the court before the move. If you have partial or primary custody of a minor child and are considering moving, contact a West Palm Beach relocation lawyer to ensure that you follow the proper procedures.
Getting a Relocation Order
Florida requires that a custodial parent notify the other parent before moving. Of course, the non-custodial parent may or may not consent to the move of the primary parent. If the non-custodial parent consents to the move, the process will be much easier and requires only the court’s approval rather than a full hearing.
If both parents and the court agree to the move, a relocation order must be created, and the court must approve the order. The relocation order should cover such things as how future visitation rights will be affected, whether there will need to be alternate plans for transportation, and whether longer-term, but less frequent visits may be appropriate.
If the non-custodial parent does not agree to the move, the custodial parent must file a petition for relocation. In this petition, the custodial parent must explain where the parent is planning on moving and why. In addition, the parent must attach a proposed plan for visitation of the non-custodial parent.
The Court will review the petition and determine if the move will be in the child’s best interests. While that is the main factor the court will consider, there are other considerations within that category, such as:
- The age and maturity of the child, and whether the move would disrupt the child’s education or other special needs of the child.
- Will the child be uprooted from a particularly strong familial or social environment?
- Does the child want to move?
- Whether relocation is being sought out of good faith, or if the custodial parent has ulterior motives.
- Is there any history of domestic abuse or substance abuse for either parent?
- Why is the non-custodial parent objecting to the move? Will the non-custodial parent still be able to maintain a relationship with the child after the move?
- Will the relocation enhance the lives of the custodial parent and child?
Relocation by Agreement
In Florida, if both parents or guardians agree to a child’s relocation, they must sign a written agreement that:
- Reflects consent to the relocation;
- Defines a time-sharing schedule for the non-relocating parent; and
- Describes transportation arrangements related to access or time-sharing.
If there is an existing judgment concerning the child’s residence or time-sharing schedule, the parties will need to seek a court order for the ratification of the agreement.
Parenting Plans in Florida
When a parenting plan has been agreed upon and the court has approved the language, the parenting plan and time-sharing arrangement will be maintained until there is a change of circumstances or the child becomes an adult. While the divorced spouses are co-parenting the child, they are living their own lives, making their own decisions, and ultimately, making individual professional and personal goals. Sometimes these professional or personal goals may require that a parent must relocate and the parenting plan must be re-evaluated.
Florida’s Definition of Relocation
Under Florida law, to relocate means that a parent is leaving the domicile within the parenting plan and moving to another location that is at least 50 miles from that domicile for more than 60 consecutive days. A child’s relocation may either be agreed to by all of the parties who are involved in the parenting and time-sharing agreements or the non-relocating parties may oppose the relocation. There is no presumption in the court’s view of whether relocation is seen as being a positive or a negative, especially when the court is deciding whether the child is permitted to be relocated.
When Relocation is Agreed to by All Parties
If the relocation is agreed to by all parties to the parenting plan and time-sharing arrangement, then a written agreement may be submitted to the court with consent from all parties, as well as a new parenting plan or time-sharing agreement which will reflect the new rights of the parties; it may establish that the child, during certain time periods, will spend time with the non-relocating parent and the type of transportation arrangements (and the expenses associated) with shuttling the child between the relocated parent’s and non-relocated parent’s residences.
When Relocation is Opposed by All Parties
If the relocation is opposed by the non-relocated parties, there must be an official opposition answer to the relocation request, which will be filed with the court. It will then be the decision of the court whether the child will be permitted to relocate or will remain with the non-relocating parent. The court may put into place a restraining order that will prohibit the relocation of the child until the matter is settled. In the event there are extenuating circumstances, the temporary order will require the child to relocate until the court rules on the relocation request.
Petition to Relocate
If there is no prior agreement to relocate, a parent seeking relocation must file a petition and serve it upon the other parent. The petition must be signed under oath and must include:
- A description of the location of the new residence;
- The mailing address;
- The home telephone number;
- The date of the relocation;
- A detailed statement of the specific reasons for the relocation; and
- A proposal for the revised time-sharing schedule.
An objection to the relocation must be made in writing, filed with the court, and served on the other parent within 20 days of receiving the petition.
Factors Determining Relocation
The court will evaluate the following factors in determining whether the relocation is in the best interests of the child:
- The nature of the child’s relationships with his or her parents;
- The age and developmental stage of the child;
- The feasibility of preserving the relationship between the non-relocating parent and the child;
- The child’s preference;
- Whether the relocation will enhance the general quality of life for both the child and the parent seeking the relocation;
- The reasons each parent is seeking or opposing the relocation;
- The current employment and economic circumstances of each parent;
- Whether the relocation is sought in good faith;
- The career and other opportunities available to the objecting parent if the relocation occurs; and
- Any history of substance abuse or domestic violence.
Based on an analysis of these factors, the court will either grant or deny the petition of relocation.
Seeking a West Palm Beach Family Law Attorney?
If you are a custodial parent who is contemplating a move, or if you are a non-custodial parent facing the prospect of your ex-spouse and your child moving, contact me today. I am William Wallshein, and I have been a West Palm Beach family law attorney for over 38 years. I understand how family law cases move through the Florida court system and have the knowledge and skill to represent you in your relocation petition matter or any other Florida family court issue. I approach my clients’ problems as I would my own, with dedication, thoughtfulness, and diligence. Click here or call 561-533-1221 today to schedule your free initial consultation and begin to discuss the facts of your case with an experienced attorney.
