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 child custody attorney 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?
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 Palm Beach Gardens family law attorney for over 30 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.