Moving or Relocating With a Child
In today's transient world, many divorced parents seek to move and relocate for a variety of reasons: A new job, remarriage, more affordable housing, and a child's needs.
Relocation cases are perhaps the most difficult cases to litigate and most judges consider them the most difficult cases to decide. At the Law Offices of Mark Abzug, we understand the impact a move can have on a child, and help parents make decisions that will have a positive affect their child.
For more information, contact our Broward County law offices today. We offer consultations at a discounted rate.
Considering a Move from the Child's Perspective
In any relocation case, the courts consider the impact a move will have on the child. They look at:
- Age of child
- The purpose of the move: Was the parent laid off? Was there a new job offer in another city?
- The distance from the non-custodial parent: How will visitation be affected?
- How the child's relationship to the non-custodial parent would be affected
- The emotional and social implications of the move
- How the move will affect the child academically
In general, the older the child, the more the courts will consider his or her preferences. If a 15-year-old child wants to stay with his father instead of moving with his mother, the courts will seriously consider his wishes. In many cases, the court will appoint a guardian ad litem to represent the interests of the child.
For a more detailed explanation of the specific items that the court considers, please see Florida Statute F.S.61.13001.
The Difficulties of Parental Relocation
Relocating with a child can be a complex legal process. When a custodial parent wishes to move with his or her child over 50 miles away, there is a notice requirement. The moving parent must give a 30-day notice to the non-custodial parent, using a special form. After 30 days, if the non-custodial parent does not object, the custodial parent is allowed to move.
If the non-relocating parent objects to the move, the relocating parent can file a petition to seek temporary relief. If temporary relief is awarded, the custodial parent can move with the minor child on a temporary basis. The court may award temporary relief if, after hearing the evidence, it is determined that the relocating parent is likely to prevail at final hearing.
Usually if you win your temporary hearing and the court permits you to relocate, there's a good chance the parties will enter into an agreement to resolve the case, as it is unlikely the court is going to allow a child to relocate and then enter another order requiring the patent to return the child the state.
Attorneys Helping You
- Do you wish to move with your child over 50 miles away?
- Do you wish to object to a move to relocate by the custodial parent?
At the Law Offices of Mark Abzug, we help parents who want to move with their child, as well as those who wish to object to a parental relocation. We know how delicate this situation can be, especially since the move will have an impact on the child. No matter what your goal, we will help you make decisions that will positively affect your child.
Our law office is located in Coral Springs, Florida. To schedule a consultation at a discounted rate, please call a child custody lawyer at (954) 753-1003, or contact us online.
The Law Offices of Mark Abzug, P.A. serves clients throughout Florida, including Coral Springs, Margate, Tamarac, Coconut Creek, Pompano Beach, Parkland, Boca Raton, Boynton Beach, Delray Beach, Palm Beach, Palm Springs, West Palm Beach, Fort Lauderdale, and Sunrise, and the counties of Palm Beach County and Broward County.