Parental Relocation Family Law Attorney Miami
Parental Relocation Lawyer – Miami, Florida
Parent Relocation After Divorce
Florida Law holds that it is in the best interests of a child to maintain a relationship with both parents. The need to modify any court order after a final child custody or time sharing order is in place or the desire to move away from area where the divorce decree was issued can be expected to have a significant effect on the interest of the noncustodial parent (to maintain a close relationship with his or her child), as well as on the child’s interest in sustained contact with both parents. Furthermore, because a parental relocation will interfere with court approved visitation arrangements, child custody or time sharing, a parental relocation proposal will need to be approved by the court.
If you need to move to a distant city or another state and you want your child to relocate with you, contact Filler Rodriguez, LLP, which has represented numerous clients in dealing with parental relocation issues. Our family lawyers provide you with the support necessary to ensure that the relocating parent or the parent remaining behind are able develop a proper strategy and understanding of the rights and responsibilities inherent in any parental relocation, to help protect your interests and to ensure that the interests of the child(ren) are analyzed.
Parent relocation cases focus on the reason for the need to move
A Florida family court judge is likely to grant a request for parental relocation if it is submitted in good faith and supported by sound reasons. Career moves, job relocation, job transfers, financial needs or educational opportunities are the most frequent reasons for parental relocation. The court must also find that the parental relocation is in the child’s best interests. To ensure that the child is able to maintain a sustained relationship with both parents, the relocating parent should try to work out visitation, time sharing or custody arrangements that meet the needs of both the child and the other parent. Any objections to a proposed move or relocation should be based on the child’s interests, not the opposing parent’s inconvenience of the proposed relocation.
How does relocation work?
Any parental relocation with a child must comply with Florida Statute § 61.13001, titled “Parental Relocation with a Child”. Failure to do so could result in one parent being held in contempt of court and be ordered by the court to return the children.
If the proposed parental relocation is uncontested, Florida statutes require a written agreement including specific factors.
If the proposed parental relocation is contested, the relocating parent must serve a “Petition to Relocate”. The parent who is not relocating must then respond within 20 days, and the court will then schedule a contested hearing. Many factors are considered by the court, and time lines must be followed carefully. If a parent does not follow Florida Statutes he or she could be held in contempt of court.
Parental relocation without court approval might be a crime
Under Florida and potentially federal law, it may be a crime if you move outside the state or country where the court order of visitation, time sharing or custody was filed. Permission of the court is necessary to avoid the risk of criminal liability. It’s against the law to interfere with court-ordered visitation time sharing or custody rights, and parental relocation-moving out of state or to another country without court approval would certainly amount to interference.
To ensure that you protect your rights if you are seeking parental relocation or if you are objecting to parental relocation or you are interested in structuring an agreement with parental relocation, contact Senior Partners David Filler or Catherine Rodriguez at (305) 672-5007 to consult with an experienced lawyer who can provide immediate attention to your legal needs.