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Mark Abzug

Can you relocate with your child without permission?

On Behalf of | Dec 4, 2024 | Child Custody

Relocation can affect child custody agreements in states where laws prioritize the child’s best interests. When a parent decides to move due to a job opportunity or personal reasons, it can disrupt established custody arrangements. Understanding how relocation impacts these agreements, and the legal requirements involved is crucial for parents going through this situation.

Does relocation require court approval?

According to Florida law, any relocation more than 50 miles from the current residence for at least 60 consecutive days requires consent from the other parent or court approval. Relocation can change how much time a child spends with each parent, affecting the relationship. The court evaluates several factors:

  • The reason for the move
  • The child’s relationship with both parents
  • The potential impact on the child’s development

Parents must file a petition to relocate, outlining the reasons for the move and a proposed revised time-sharing schedule. The non-relocating parent can object, which could lead to a court hearing in which a judge decides based on the child’s best interests.

Consequences of unauthorized relocation

When a parent relocates without permission from the court or the other parent, they risk legal consequences. Such actions can lead to contempt of court charges, fines or a modification of the custody agreement in favor of the non-relocating parent.

The court may view unauthorized relocation as not acting in the child’s best interests. This could potentially impact future custody decisions. The relocating parent must follow legal procedures to avoid these repercussions and ensure the child’s well-being.

Complying with relocation procedures

Relocation impacts custody agreements significantly, requiring careful consideration and adherence to legal processes in Florida. Both parents should communicate openly and prioritize their child’s needs. Whether you are the parent considering relocation or the non-custodial parent, you may want to seek help from a legal professional who can guide you and ensure that any changes to custody agreements serve the child’s best interests.

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