Coral Springs Relocation Lawyer
Parental Relocation with a Child
The Law Offices of Mark Abzug P.A. represents parents that wish to relocate with a child beyond fifty (50) miles and we also represent parents that oppose relocation. There is no presumption in favor of or against relocation and the Court will consider at least thirty factors when deciding upon whether to permit a parent to relocate with a minor child as enumerated in F.S. 61.13001(7). The factors enumerated in the statute are as follows:
- The nature, quality, extent of involvement, and duration of the child’s relationship with the parent or other person proposing to relocate with the child and with the nonrelocating parent, other persons, siblings, half-siblings, and other significant persons in the child’s life.
- The age and developmental stage of the child, the needs of the child, and the likely impact the relocation will have on the child’s physical, educational, and emotional development, taking into consideration any special needs of the child.
- The feasibility of preserving the relationship between the nonrelocating parent or other person and the child through substitute arrangements that take into consideration the logistics of contact, access, and time-sharing, as well as the financial circumstances of the parties; whether those factors are sufficient to foster a continuing meaningful relationship between the child and the nonrelocating parent or other person; and the likelihood of compliance with the substitute arrangements by the relocating parent or other person once he or she is out of the jurisdiction of the court.
- The child’s preference, taking into consideration the age and maturity of the child.
- Whether the relocation will enhance the general quality of life for both the parent or other person seeking the relocation and the child, including, but not limited to, financial or emotional benefits or educational opportunities.
- The reasons each parent or other person is seeking or opposing the relocation.
- The current employment and economic circumstances of each parent or other person and whether the proposed relocation is necessary to improve the economic circumstances of the parent or other person seeking relocation of the child.
- That the relocation is sought in good faith and the extent to which the objecting parent has fulfilled his or her financial obligations to the parent or other person seeking relocation, including child support, spousal support, and marital property and marital debt obligations.
- The career and other opportunities available to the objecting parent or other person if the relocation occurs.
- A history of substance abuse or domestic violence as defined in s. 741.28 or which meets the criteria of s. 39.806(1)(d) by either parent, including a consideration of the severity of such conduct and the failure or success of any attempts at rehabilitation.
- Any other factor affecting the best interest of the child or as set forth in s. 61.13.
Pursuant to the relocation statute, a party seeking relocation has the right to have a temporary relocation on an expedited basis. Usually, that means that the requesting party will be afforded hearing time within thirty (30) days after the filing and service of a motion requesting a temporary order. Furthermore, the Court is also required to set the cause for final hearing within ninety (90) days after a final hearing is properly requested.
Attorney Abzug has significant experience in helping parents relocate and helping parents prevent relocation. These type of cases require a lot of work in a short period of time and it is important for a client to hire an attorney that is able to do everything that is necessary so that your case is properly presented in Court. Most judges and family law attorneys believe that relocation cases are the most difficult to work on because the stakes are so high. In the event that relocation is permitted, to be sure, the Court will do everything in its power to create a substitute timesharing schedule.
If you are served with a Petition for Paternal Relocation with Minor Child, it is imperative that you seek the advice of an attorney as soon as possible. Generally, you are provided twenty (20) days from the date that you are served in which to file and objection to the relocation and to file an appropriate reply. You should not wait until the nineteenth (19th) day in which to visit a lawyer. Again, these cases are very time sensitive and require great care and attention.
The Law Offices of Mark Abzug P.A. represents clients in relocation cases throughout Broward County, including Coral Springs and Parkland. For more information, please call our office to schedule an appointment for a FREE CONSULTATION.