Parental Relocation Contested
A parent or guardian with custodial rights of a child may wish to relocate to another area for a number of reasons, such as a new job, better educational opportunities for the child, or economic factors.
Typically, when parents or guardians entitled to access to, visitation, or timesharing with minor children are in agreement about the relocation of a child to another residence, they get a relocation agreement. In Florida, a relocation agreement allows the parent to move a minor child more than fifty (50) miles away from their primary residence.
When parents or guardians are not in agreement, problems may arise that make it more difficult for a parent and child to relocate.
Attorney for Relocating a Child in West Palm Beach, Florida
Whether you wish to relocate with your child or you wish to prevent such a move, the lawyers of Quality Family Law can help you. The safety of a child is a primary concern for both parties dealing with the relocation to another residence. Relocating to another area may be an extremely stressful and emotionally draining for both loved ones and a child, which is why it is so important to speak with our knowledgeable attorneys as soon as possible.
The family law attorneys of Meltzer & Bell have a lot of experience representing those facing family law matters throughout the State of Florida and they understand the importance of family. Our lawyers provide skilled and compassionate representation in all family law matters, including dissolution of marriage, alimony, child custody, child support, relocation, or domestic violence, among other family law matters.
Contact Quality Family Law at (561) 557-8686 today for a free initial consultation.
Relocation of A Child Dispute
When the non-relocating party disputes or contests to the relocation of a child, the court evaluates the relocation based on the best interest of the child.
A parent or guardian who wishes to relocate with a child must file a petition to relocate with the court prior to relocating, if the change in principal residence is more than fifty (50) miles away from the primary address.
The two primary components of the statutory definition of relocation include the following:
- the change in principal residence must be a greater distance than 50 miles; and
- the relocation must be for a period of no less than 60 days.
How To Petition The Court
In order to petition the court for the relocation of a child, three critical things must happen:
- content of pleadings;
- oath or affirmation; and
- notification requirements.
First, the content of pleadings must include the following:
- the date of the intended move or proposed relocation;
- a detailed statement of the specific reasons for the proposed relocation. If one of the reasons is based upon a job offer that has been reduced to writing, the written job offer must be attached to the petition;
- a description of the location of the intended new residence, including the state, city, specific address and phone number, if known;
- a proposal for the revised post-relocation schedule for access and time-sharing together of a child. also, a proposal for the post relocation transportation arrangements necessary for time-sharing with the child; and
- a statement mentioning the right of the other parent to object to the relocation, including steps that must be followed in order to contest the relocation.
Failure to comply with this provision renders the petition to relocate inadequate and lacking the necessary requirements of a proper petition. The non relocating parent or guardian has twenty days to respond to the petition, in writing. If he or she fails to timely object to the relocation, then the relocation will be allowed. If the court finds that relocating a child is not in his or hers best interest, then it will deny the petition to relocate, despite the non-relocating parent’s failure to object.
The second critical component to a petition to relocate is that the petitioner must sign an oath or affirmation, declaring that the contents of the petition are true, to the best of their knowledge. The petitioner also has the continuing duty to provide updated information, as soon as such information becomes known. For example, if the phone number and address in the petition changes, the petitioner must provide the court and all interested parties with the changes.
Finally, the notification requirement must be met by giving a copy of the petition to relocate to the non relocating party and every other person who is entitled access to or time-sharing with the child. Failure to provide notification of a petition to all interested parties can result in the petition not being granted.
Find a Palm Beach County Parental Relocation Lawyer Today
Dealing with the relocation of a child can be a difficult task if you are not familiar with the laws that relate to this matter. The family law attorneys at Meltzer & Bell have many years of experience representing those seeking relocation with a child, or contesting the relocation of a child.
In the past clients have come to Quality Family Law after failed attempts to obtain court approvals to relocate or failed attempts at reaching an agreement to relocate. Fortunately, there are some things our lawyers may be able to do in order to revisit prior court rulings and to protect your interest in this matter.
Contact the lawyers of Quality Family Law at (561) 557-8686 to review your legal matters today.
This page was last updated on April 14, 2017.
Both Partners are Martindale-Hubbell AV Preeminent® Rated in Legal Ability & Ethical Standards.
If you have been charged with a Misdemeanor or Felony, State or Federal, please visit our main Criminal Defense Department.Criminal Defense Department