Palm Beach Child Relocation Lawyer
After a Florida divorce, it is not uncommon for one parent to need to relocate. If parents share parenting time, however, a relocation need can create a dilemma – will the child relocate with the parent who is moving, or live with the parent who is remaining in the child’s current location? Or, will parents be responsible for shuttling a child back and forth between locations? The following considers Florida’s relocation laws, as well as how a Palm Beach child relocation lawyer can help when relocation is an issue:
Relocation as Defined by Florida Law
Per Florida Statutes section 61.13001, “relocation” is defined as a change in location from the primary residence (at the time that a time-sharing agreement was established) of a parent that is at least 50 miles from that primary residence, and which will be for a consecutive time period of at least 60 days.
When Parents Agree to Relocation
In some situations, parents may be in agreement about one parent’s relocation. When this is the case, the parents have the right to construct and sign a written agreement that (per Florida law section 61.13001(e)(2)):
- States each party’s consent to the relocation;
- Defines a time-sharing agreement for each parent in regards to the child(ren); and
- Describes how transportation for the child from one parent to another will occur.
When Parents Are in Disagreement About Relocation
More often than not, however, parents do not agree about relocation. When parents are in disagreement about relocation and time-sharing, things can become more complicated. When this is the case, the parent who is seeking relocation must file a petition to relocate, and this petition must be served to the other parent. The other parent must then file a response to the petition.
From here, the issue may be taken to court where the court will be responsible for making a determination about the relocation. According to statute, a court must consider the following factors in regards to a modification of a time-sharing agreement and relocation:
- The relationship that the child has with each parent, siblings, and other significant persons in the child’s life;
- The age, needs, and development stage of the child;
- How feasible it will be for the non-relocating parent to maintain a relationship with the child if the child is to relocate;
- The child’s wishes;
- The reason for the relocation;
- Whether or not relocation will enhance or detract from each party’s quality of life;
- Any history of domestic violence or abuse;
- Whether or not the relocation is sought in “good faith”; and
- Any other relevant factors.
Palm Beach Child Relocation Lawyer Helping With Relocation in Florida
Whether you are a parent who wants to relocate with your child, or a parent who has recently been served with a petition for relocation and are unsure what to do next, our experienced West Palm Beach child relocation lawyer can help. At The Law Office of Georgia T. Newman, we are highly skilled in representing individuals and families in relocation disputes, and are ready to serve you. Contact us today to schedule your initial case review.