Relocations With Children

Parents who share time with their children sometimes find the unexpected occurs, and the other parent wants to relocate or move away with the child - often to a different state. Many reasons might precipitate this, including a change of employment, a change in a new spouse’s employment, better economic opportunities, or a more substantial family support structure. It is a difficult dilemma, and family courts are seeing more and more of these requests. You may find yourself in this situation, either as the parent wanting to relocate with your children, or as the parent who wants to stop their ex-spouse from relocating with your children.

In Florida, as long as there exists a timesharing order, a parent may not relocate with their child more than 50 miles away unless the other parent agrees and it is ratified by the court, or unless the court allows the relocation to occur after a hearing if the other parent objects. There is a very explicit set of procedural requirements that must be followed in this regard; and if they are not followed, a parent who chooses to relocate without following the required procedure may find himself or herself subject to a court order to return the child back to the court’s jurisdiction.

The law allows no presumption in favor of or against a request to relocate with your child. In all cases, the court will consider the best interests of the child, not the best interests of the parent seeking to relocate or the parent seeking to block a relocation. There are numerous statutory factors that the court will consider in making its decision, but the court is not limited from considering any factor that it deems relevant to the best interests of the child. If the court allows the relocation to occur, it may place certain restrictions on the relocating parent, or make certain accommodations for the non-relocating parent, in order to facilitate the continuation of frequent and meaningful contact and timesharing between the child and the non-relocating parent.

If you are facing a situation where you either need to relocate with your children or you want to prevent the relocation of your child, you are well advised to contact a family lawyer who is well versed in the wide ranging complexities of parental relocation. To try to navigate these waters without the assistance of a qualified attorney puts you at a great disadvantage. Whether you want to relocate with your child or want to prevent an attempted relocation of your child, the Law Offices of Robert L. Bogen will fight for your rights with care and vigor.