Fort Lauderdale Child Relocation Attorney
There are many good reasons that a person may wish to relocate, such as being offered a job or moving to be near a loved one. However, for parents who share custody or parental responsibility of a child, relocation can lead to complex legal issues. If you find yourself in a situation where you wish to move, or your ex-spouse may relocate, the Fort Lauderdale offices of Sandra Bonfiglio, P.A., can help you protect your rights as a parent. Contact our experienced Fort Lauderdale child relocation attorneys today.
Parental Relocation Law – Florida Statute 61.13
Florida law greatly restricts the right of a parent with whom a child primarily resides to move away from the parent with whom the child spends less time. The state’s parental relocation statute defines relocation as moving 50 miles or more from the residence of the other parent, even within Florida, on a permanent basis for more than 60 consecutive days. The relocating parent must provide advance notice of the intent to relocate to the non-relocating parent, containing the following information:
- The address and phone number of the intended new residence
- A description of the neighborhood and area
- The date of the intended move or proposed relocation
- The reasons for relocation (if one reason is based upon a written job offer, the offer must be attached)
- A proposed time-sharing schedule (if the current schedule must be modified) and transportation arrangements
Proving that relocation should be granted is often difficult, especially if the other parent has been active in the child’s life. However, receiving permission to move is more likely if an agreeable substitute parenting plan, including contribution toward transportation costs of the other parent, is provided. We can help you create a plan that a court will find fair and reasonable.
If the non-relocating parent files a notice that they intend to contest the relocation, the relocating parent must obtain the court’s permission in order to relocate. If a parent relocates without providing proper notice, or after a notice to contest the relocation has been filed, that parent may be sanctioned by the court, which could include an order compelling the return of the child and/or loss of custody or time-sharing rights.
When the parents do not agree on the relocation issue, a Florida family court can hold a preliminary hearing and issue a temporary custody order either granting or denying the relocation on a short-term basis until a final hearing can be held by the court.
Contact Us if You Need Help with Relocation during or after Divorce
If you are considering a move with your child, or your ex-spouse may relocate, please contact Fort Lauderdale child relocation attorney, Sandra Bonfiglio, P.A. to schedule a consultation. We can answer your questions and help you protect your parental rights going forward.