Broward County FL Child Relocation Lawyers
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In Florida, relocating with your children under a custody agreement is complex. After a divorce and custody terms are established, legal stipulations mandate the other parent’s consent for relocation. At Gonzalez & Waddington, LLC, our Broward County FL child relocation lawyers are here to provide you with professional advice on your legal obligations and options should relocation become necessary.
Consensual Relocation Process
In situations where the custodial parent (the parent with whom the child primarily resides) intends to move over 50 miles away or relocate for more than 60 days, Florida statutes require notifying the noncustodial parent. If both parents agree, they must submit a jointly written notification to the court. This agreement typically includes mutual consent and adjustments to the visitation arrangements and addresses any other implications the relocation might have on the child. The court must approve any relocation agreement focusing on the child’s best interests.
Initiating a Relocation Petition
It’s common for parents to hesitate in agreeing to a move that would diminish their regular contact with their child.
Therefore, if the noncustodial parent does not consent to the relocation, the custodial parent must file a formal petition with the court. The petition for relocation must include the following:
- The new residence address
- Contact details such as a phone number
- The reason behind the relocation request, whether it be a new employment opportunity or an unavoidable move
- A proposed modification to the existing marital settlement agreement (MSA)
- Instructions for the noncustodial parent on opposing the relocation and the repercussions of not responding.
If the noncustodial parent opposes the relocation, you must demonstrate to the court that the proposed plan and the altered visitation schedule in the MSA will not harm the child.
Our attorneys can assist you with divorce and relocation law in cases involving moves to another state. We are ready to help you make your MSA suitable for long-distance arrangements. By leveraging their extensive experience and commitment to client advocacy, our attorneys ensure that each case is handled with attention to detail and a tailored strategy, reflecting the firm’s dedication to achieving the best possible outcomes for our clients in family law disputes.
Analyzing Key Factors in Relocation Judgments
When a parent seeks legal permission to relocate with their child, courts thoroughly assess various elements to determine the appropriateness of the move. A primary consideration is the underlying reason for the relocation, which must align with the child’s best interests.
Legitimate reasons often include employment opportunities or closer proximity to extended family. Moves perceived by the court as attempts to disrupt the child’s relationship with the other parent are unlikely to receive approval.
Key Considerations Evaluated by Courts:
- Impact on the child’s educational and social environment;
- Special requirements or conditions of the child;
- 75% of the length of a long-term marriage (20+ years).
- Historical relationship between the child and the noncustodial parent;
- Regularity with which the noncustodial parent has exercised visitation rights;
- Any additional factors indicating whether the relocation serves the child’s best interests.
With experience in family law, our Broward County FL child relocation lawyers are experienced in navigating the complexities of these cases. We are committed to presenting a compelling case to support your relocation proposal effectively.
Opposing a Proposed Relocation
It’s natural to want to challenge a relocation to maintain a significant presence in your child’s life. However, opposition to relocation must be substantiated with solid evidence and arguments proving that the move does not serve the child’s best interests. Our attorneys are skilled in scrutinizing the motivations behind a relocation request and can adeptly demonstrate to the court why the reasons provided may be insufficient or misleading. At Gonzalez & Waddington, LLC, our Broward County FL child relocation lawyers the stakes in relocation cases.
Our dedicated attorneys leverage their deep legal understanding and assertive courtroom strategies to advocate for our clients, ensuring your family’s needs are at the forefront of every legal maneuver.
Risks of Unauthorized Child Relocation
Relocating with your child without the proper legal approvals can risk the other parent’s relationship with the child, and courts regard such actions with utmost seriousness. If you relocate without first notifying the other parent or obtaining the necessary permissions from them or the court, the repercussions can be severe.
Potential Legal Repercussions for Unapproved Relocation:
- The court may find you in contempt, leading to penalties such as fines or even imprisonment.
- The court may order you to return the child either temporarily or permanently.
- Your unauthorized move could influence future judicial decisions regarding modifying custody or visitation orders.
- It may be considered during any subsequent relocation requests.
- In contesting the move, you could cover the other parent's legal expenses and court costs.
Conversely, if the payer experiences a financial boost, such as receiving a large inheritance or high earnings, the recipient might see this as a basis to request an increase in alimony. Whenever you suspect a change is warranted, discussing your situation with a knowledgeable Broward County FL alimony lawyers are crucial to understand your rights and options.
Consult with Our Broward County FL Child Relocation Lawyers
At Gonzalez & Waddington, LLC, our Broward County FL child relocation lawyers are prepared to guide you through the legalities of parental relocation. Contact us for a no-cost consultation to discuss the prospects of legally relocating with your child. Let our experienced South Florida family law attorneys help ensure your relocation process complies with all legal requirements, safeguarding your parental rights and your child’s welfare.