Relocating your child is not an easy scenario to envision for most people, however, there are times where a relocation is necessary due to better job opportunities for the custodial parent and/or more security and neighborhood safety. No matter the reason, the relocation of a child can have a major effect on your child’s relationship with their non-custodial parent and in many cases will make it difficult and/or impossible for them to spend time with their children. While Florida offers some wiggle room with regard to relocating your child, most major moves will require the approval of the courts as well as the non-custodial parent, unless paternity and custodial rights have not been established. Elsewise, it is advised to at minimum, consult with a family lawyer in Miami to learn more about your options as well as to aid you in proving to the courts that the relocation is within the child’s best interest.
What Are The Restrictions on Relocations within Florida?
Florida law allows for parents with custody to move within 50 miles of their current address without a court order granting permission and/or the written consent of the non-custodial parent.
Though there are some instances like promotions and financial opportunities that are important, they are not always considered to be reasons that qualify for a move. If you are a custodial parent considering a move more than 50 miles away, it will be best to consult with an experienced divorce lawyer in Miami. The Florida court system bases its decisions regarding relocation solely on the decision that represents the best interest of the child involved. If the other parent disputes your reasons for moving and is legally represented, then it is equally imperative that you are properly represented by an experienced litigator of family law in Miami.
What If The Non-Custodial Parent Disputes The Relocation?
If the non-custodial parent disputes your relocation, you must be prepared to furnish proof and documentation of the need for the move and why it is in the child’s best interest. If there are similarly available job opportunities available in your area, you should provide reasons why you didn’t apply to those jobs and/or proof that you applied but were not hired. It is imperative to remember that relocating a child reverberates across the lives of every party involved. It can be painful for the child as well as the non-custodial parent. With this in mind, you should be prepared to face a challenge when you request to relocate, unless you have come to an agreement with the other parent.
When To Contact a Family Lawyer in Miami
Divorce in Miami is no different than divorce anywhere else, it’s tough. During this time, things can become contentious and further complicate relocation requests. A divorce lawyer in Miami will help you to protect your child’s best interest as well as provide the court system with the details and evidence to back up your claims. In addition, if you have been divorced for many years and have a parenting plan in place, it can be difficult to change the visitation rights of the other parent. The court system will typically place a high level of importance on the current structure of parenting plans. In this case, a family lawyer in Miami can help you to convey the necessity of the move.
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