Relocation Attorney in Martin County
Helping Parents Modify Existing Child Custody Agreements
Life is constantly evolving and changing. A parenting plan that worked upon initial judgement may not be so helpful a few years down the line. For example, people often change their residence miles or even states away from their original location. When this occurs for parents who share custody of their child, they must legally seek a modification to their plan that reflects the relocation.
For detailed information on how we can help, call our office at (772) 238-7231 today.
In Florida, when a custodial parent is seeking to move a great distance from the other parent, the court balances their right to move with the non-custodial parent’s right to spend time with their child. A relocation that requires modification must be 50 miles or more from the non-custodial parent. Sometimes the parents can come up with a new arrangement on their own, but they still must get it approved by a court for it to be legally recognized.
If parents can come to their own agreement, it must include:
- Evidence that both parents agree on the relocation
- A time-sharing schedule that works for the non-custodial parent
- An explanation about how the parents will handle transportation to facilitate visitation
The parents can file the contract with the court without setting foot before a judge, but it must be signed by both parties to be considered valid. Additionally, it’s recommended you seek the guidance of a qualified attorney before filing to ensure you completed the form correctly.
Petition to Relocate
If you and the other parent do not agree on the terms of relocation or the relocation in general, the party seeking to move must file a petition with the court.
The petition must include:
- The address of the property the parent wishes to locate
- The date for the planned relocation
- The reasoning behind the relocation
- The modified visitation schedule
- The plan for transportation
If a parent moves without first receiving approval from the court, the judge could find them in contempt of court and face legal repercussions. The judge will also take this unapproved move into account when determining whether to allow the child to relocate or not.
Other factors the judge uses to determine whether to grant the relocation or not are:
- The child’s relationship to both parents
- The child’s age and needs
- The impact the move would have on the child’s development
- The ability of the non-custodial parent to maintain their relationship with the child
- The cost and logistics of visitation
- The child’s preference (if old enough to voice their opinion)
- If the relocation would improve the life of the child
- The non-custodial parent’s reason for being against the relocation
- If the relocation is for financial reasons
- If the relocating parent is moving for legitimate reasons
- If either parent has complied with child support, alimony, or visitation
The parent hoping to relocate has the responsibility of proving the move would be in the child’s best interests. If they cannot prove this, the non-relocating parent might retain primary custody of the child to ensure the continued wellbeing of the child.
Let Our Stuart Relocation Lawyers Help Resolve Your Legal Issue
Deckard, Kofsky & Clark, PLLC is committed to helping parents provide a life for their children that is in their best interests. Whether you are seeking to relocate with your child or hoping to prevent the relocation, we can help.
“Mr. Deckard who is a former police officer saw through the lies and fought hard to keep me out of prison.”- Former Client
“I was in a difficult marriage and needed a lawyer who was able to help me through the divorce and protect my kids. Mr. Kofsky was ...”- R. Sessions
“Martin Kofsky represented me in an ugly divorce last year. I picked him because he was smart and tough...”- M. Moran