Custody Relocation/Move Away
In Florida, if a parent wishes to move away or relocate with his or her minor child on a permanent basis for more than 60 consecutive days to a new residence 50 miles or more away from the current residence, the relocating parent must provide advance notice of the intent to relocate to the non-relocating parent who has a right to agree or contest the relocation. If the non-relocating parent files a notice that they intend to contest the relocation, the relocating parent must obtain the Miami-Dade, Broward, or Monroe family court’s permission in order to relocate. If a Florida parent relocates without providing proper notice or after a notice to contest the relocation has been filed, that parent may be sanctioned by the Family Court which could include an order compelling the return of the child and/or loss of custody rights.
If the parents do not agree on the relocation issue, the Florida family court can hold a preliminary hearing and issue a temporary order either granting or denying the relocation on a temporary basis until a final hearing can be held by the court.
Florida Laws on Moving Children Out-of-State
Parental relocation matters are specifically governed by Florida statutes that require analysis of the following in contested child relocation cases:
- The nature, quality, extent of involvement and duration of child’s relationship with the parent proposing to relocate with the child and the non-relocating parent, other persons, siblings, half-siblings, and other significant persons in the child’s life.
- The age and developmental state of the child, the needs of the child, the likely impact the relocation will have on the child’s physical, educational, and emotional development, taking into consideration any special needs of the child.
- The feasibility of preserving the relationship between the non-relocating parent or other persons and the child through substitute arrangements that take into consideration the logistics of contact, access, visitation, and time-sharing, as well as the financial circumstances of the parties; whether those factors are sufficient to foster a continuing meaningful relationship between the child and the non-relocating parent or other person; and the likelihood of compliance with the substitute arrangements by the relocating parent once he or she is out of the jurisdiction of the court.
- The child’s preference, taking into consideration the age and maturity of the child.
- Whether the relocation will enhance the general quality of life for the parent seeking the relocation and the child, including, but not limited to, financial or emotional benefits or educational opportunities.
- The reasons of each parent or other person for seeking or opposing the relocation.
- The current employment and economic circumstances of each parent or other person and whether or not the proposed relocation is necessary to improve the economic circumstances of the parent or other person seeking relocation of the child.
- That the relocation is sought in good faith and the extent to which the objecting parent has fulfilled his or her financial obligations to the parent or other person seeking relocation, including child support, spousal support, and marital property and marital debt obligations.
- The career and other opportunities available to the objecting parent or other person if the relocation occurs.
- Whether there is a history of substance abuse or domestic violence by either parent, including a consideration of the severity of such conduct and the failure or success of any attempts at rehabilitation.
- Any other factor affecting the best interest of the child.
Contact our Miami Relocation Lawyers
Attorney Lisa Marie Vari had the opportunity to research the laws across the United States regarding relocating parents and minor children when she was a judicial law clerk. Our law office has extensive knowledge in the child custody relocation area of law as well as vast experience negotiating and trying custody relocation cases.
Contact our Miami time-sharing attorneys at 305-222-7351, or e-mail us to schedule an appointment for divorce advice and to discuss your Dade County, Broward County, or Monroe County child custody and parenting plan issues.
Our Miami child custody lawyers accept family law cases in Miami-Dade County, Broward County and Monroe County. Consultations are available in person at our downtown Miami law office and at several meeting locations throughout Dade and Broward Counties including Lincoln Road in Miami Beach, West Country Club Drive in Aventura and Hollywood Boulevard in Hollywood. Appointments are also available by telephone and via Skype internet video chat.
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