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Helping You Understand The Process Involved With Changing A Custody Agreement Due To Relocation

Times have changed. Many people no longer live in the same town, city or state their entire lives. Moving for a new job or even a change of pace has become commonplace.

Unfortunately, when these relocations involve families with child time-share agreements or parenting plans, problems can arise. A parent who wishes to relocate with a child more than 50 miles must follow proper procedures. It is important to seek legal counseling should a relocation issue arise.

An Overview Of The Process

The parent cannot simply move away. A custodial parent needs court approval to move a child out of the area (more than 50 miles), as the move would affect the other parent's time-share rights. In addition, Florida law mandates certain procedures pertaining to parental relocation.

For example, a petition to relocate must be served upon the child's nonrelocating parent prior to any move. The other parent will then be given 20 days to object to the relocation. If the parent objects, a relocation hearing must be held. The parents can also agree to consent to the relocation.

Factors Courts Look At When Granting Relocation Requests

At the relocation hearing, the court will consider several factors in determining whether the move is in the child's best interests. These factors may include:

  • The nature and quality of the child's relationship with the parent seeking the relocation and the parent opposing the relocation
  • The age and needs of the child, as well as the overall effect of the relocation on the child
  • How the relocation will affect the time-share arrangement of the nonrelocating parent
  • The current employment status of both parents

Any parental relocation will result in a necessary modification or revision of the original court order or agreement. If relocation has been agreed upon or approved by the court, our parental relocation lawyer can assist in negotiating modifications to a child custody agreement, parenting plan, marital settlement agreement or paternity agreement.

An Experienced Lawyer To Help You

If you need to relocate out of state and have an existing child custody or visitation arrangement in place, reach out to us for modification assistance.

At the Law Offices of Jerome P. Ventura, P.A., we have handled many relocation cases, representing parents seeking to relocate, as well as parents opposing relocation in a wide range of situations.

Our founding attorney, Jerome Ventura, has more than 25 years of family law experience. As an experienced Pembroke Pines lawyer, he understands the nuances of child custody and time-share (visitation) in relation to a parent's desire to relocate out of state.

Call 954-399-5850 to set up a time to discuss your case with an attorney from our office. We offer a limited initial consultation at no charge. Evening appointments available.