Parental Relocation Disputes
After a divorce, it is not uncommon for one or both spouses to move to a new location to find employment, move closer to family members or pursue a new life in a new community. When spouses do not have minor children, they are free to move as they wish and no problems ensue. When a parent wishes to move with minor children, however, disputes may arise between parents.
Understandably, any parent with a set visitation (time-sharing) schedule may be concerned that a move will adversely impact his or her ability to spend time with the children. Conversely, the parent who wishes to relocate may feel that the move is in the best interests of the children.
If you are involved in a parental relocation dispute, it is critical that you have an experienced family law attorney who can protect your rights. For help in Central Florida, contact Korshak & Associates, P.A. With more than 60 years of combined experience, our family law attorneys can provide the vigorous representation you require.
Florida Relocation Laws
In Florida, if a parent wants to relocate more than 50 miles, he or she must obtain the written consent of the other party or obtain a court order. If a contested hearing is required, the court will determine if the move is in the best interests of the children. The court may examine a variety of factors, including:
- The reason for the move
- Any arrangements that have been made to enable continued time sharing
- The location of the move
- How a move will impact the children’s relationship with other family members (e.g., a grandparent or relative with whom the child has a close relationship)
- How a move will impact the children’s educational needs
- If the move will enable a parent to obtain employment or a better job that will enable him or her to better provide for the needs of the children
- Other factors impacting the welfare of the children
Parental Relocation FAQ
Once a parenting plan is decided upon, Orlando parents might think that the process regarding child custody issues is over with. However, it is not unusual for circumstances to change over time; a child custody agreement that made perfect sense at one time might become impractical, unworkable or otherwise impossible.
One obvious action that can trigger the need for a revised parenting plan is when one parent moves away. An increased physical distance can easily make previous visitation arrangements or agreed-upon drop-off times or locations no longer viable. When this happens, the family law attorneys of Korshak & Associates can help parents make sure they’re doing everything by the book.
Here is a brief Orlando parental relocation FAQ:
What information do I need to provide in written consent?
It is best to provide as much information as possible in the request for written consent to the relocation. This can include the location you are moving to, the reason for relocating, a proposed custody arrangement, who is paying for expenses if the child has to travel back and forth and more.
I have to move for my job. Do I still have to get permission?
Yes, if you are moving more than 50 miles away. The key thing to remember is that such an action has to be in the best interests of the children. While a new job might provide a higher income, it may not be worth it from the kids’ perspective if their routine is disrupted or they would have to change schools.
If I move, do I have to get the court’s permission no matter what?
As long as your spouse gives written consent to the move, you do not need to go to court. If the spouse objects, then you will need to be prepared to discuss where you are moving to and why, how the move will impact the children and what arrangements you have made to ensure that parental time sharing can continue.
What if the court rejects my relocation request?
If your ex-spouse will not give permission for the relocation and a judge has determined the reasons for the move are not good enough to warrant uprooting the child, then you will have to discuss a possible change to the custody arrangement to accommodate your move (and the child stays in the state) or change your plans.
What if I object to my ex relocating with my child?
It is within your rights to deny your ex permission to move. The issue will most likely proceed to court, where you will have to demonstrate that the relocation is not in the child’s best interest and will put a strain on your relationship with the child.
Our attorneys have helped many parents who were seeking to relocate or opposing a relocation. Our attorneys have a strong knowledge of how local courts view such matters. If you wish to relocate or you need help opposing a relocation, let us put our experience to work for you.
Contact Our Orlando Parental Relocation Dispute Lawyers
With office in Orlando, we represent clients throughout Central Florida in family law matters. To speak with a Orlando parental relocation dispute attorney at Korshak & Associates, call 888-681-4389 . You may also contact us by email.