If you are going through a divorce in Florida, or already have a parenting plan/custody agreement in place, and you are considering moving to another jurisdiction, it is extremely important to consult an experienced child custody attorney in Boca Raton.
Can Both Parents Agree About Relocation?
Florida law governing whether or not you will be allowed to relocate and retain your current custody and parenting plan may depend on whether both parents agree to the relocation. If you and your former spouse or partner are able to agree to the proposed relocation and a modified parenting plan/custody agreement, said agreement can be submitted to the Court for ratification. However, if you are not able to come to an agreement about whether or not the move is appropriate, you will have to go back to court and the judge will decide.
Judicial Approval of Relocation
Even if you and your former spouse/other parent do reach an agreement about the relocation, you will still need court approval.
Furthermore, even in situations where both parents are in agreement, the court will not necessarily agree to the relocation if it does not appear to be in the child’s best interest. Your divorce and child custody attorney can present a strong case on your behalf as to why the relocation is necessary and will not negatively impact your child.
Relocation Limits in Florida
In Florida, if you want to relocate without impacting your parenting plan, the move must be within 50 miles of your current location. If you are relocating only temporarily, perhaps for vacation or a work assignment, your parenting plan may not be affected if the relocation is for less than 60 days.
What Factors will the Court Consider if one Parent Objects?
There are several factors the court will consider if you must make your case before the judge because your child’s other parent objects to the move. The judge may take into account:
- The child’s important relationships with each parent, as well as his or her siblings, stepparents, grandparents, and other close relationships;
- Whether the move may have an adverse effect on the child’s development given their age, mental capacity, medical condition and any special needs that are relevant;
- The child’s preference if he or she is old enough and appears to have the maturity to give their input;
- Whether either parent is pressuring the child;
- Whether the relocation will improve the lives of the parent relocating and his or her children, especially if the parent is relocating due to remarriage, to attend school or accept a job offer her that will significantly increase their standard of living;
- The reasons that the parent objecting to the move gives for opposing the relocation and whether the objection appears to be out of spite or to prevent the children from seeing their other parent.
Consult an Experienced Child Custody and Relocation Attorney in Florida
Regardless of the reason for your relocation, and whether or not you and your child’s other parent agree about the move, you will need to consult an experienced divorce and child custody attorney in Boca Raton at the Law Offices of David L. Hirschberg, P.A. We understand the importance of maintaining your close relationship with your children, and will fight passionately on your behalf.