Relocation Dedicated Representation For Relocation Disputes.

Miami Child Relocation Attorneys

What If I Want to Relocate With My Children During or After My Divorce?

When parents of minor children part ways through separation or divorce, it is not uncommon for one parent to decide that he or she wants to relocate to another city that may be far away from the other parent. This may occur during the initial proceeding or after entry of the final judgment. The move may be to just another city or county within the same state, or it may be to a state halfway across the country. If the parents have equal time-sharing or even if one parent only has visitation rights, the matter of relocation creates legal issues that may require the assistance of an experienced Miami family law attorney.

Our attorneys provide experienced guidance for child relocation matters. Call (754) 704-1894 to schedule a consultation.

Common Reasons Parents Seek Relocation

Relocation may arise for a variety of reasons. Perhaps one of the parents decides to move closer to other family members, such as parents or siblings, or remarries, and their new spouse lives out of state or in a different city. Alternatively, a parent may receive a job offer in another location that they believe can significantly improve his or her economic well-being and improve the quality of life for his or her children.

Relocation Provisions in Parenting Agreements

Often, a divorce decree, final judgment of paternity, or a parenting agreement may directly address the matter of relocation. It is often wise for divorcing parents to think ahead of time of how they would handle relocation issues and spell out the requirements or conditions of such an eventuality, such as how much notice must be given, how time-sharing and parental responsibility rights would be adjusted under various scenarios, and so on. However, if these matters are not addressed ahead of time, parents must be aware of the laws that govern relocation with a minor child/children in their state.

How Can I Get My Child’s Parent to Agree to My Relocation?

Family law statutes in the State of Florida specify precisely how relocation must be addressed by a parent seeking to move. Such information is found in Florida Statute §61.13001. As a general rule, a parent who wishes to relocate may enter into an agreement with any other party that has time-sharing (that is, these issues may not merely involve one other parent, but may include grandparents or others who have legal visitation rights, as well) and, so long as all parties consent to a new arrangement, the parent will be authorized to relocate.

Requirements for a Valid Relocation Agreement

To be valid, such agreements must include specific information, such as the terms of the new times-sharing arrangements, how and which parties are responsible for providing transportation, and so on. Because the law is very particular about what is required, and because failure to comply with Florida law in any particulars may result in serious legal ramifications for the relocating parent, any parent seeking a valid relocation agreement should obtain the advice of a qualified Florida family law attorney to draw up a relocation agreement and to make sure all procedures are fully complied with.

What If My Child’s Parent Does Not Agree to My Relocation?

If an ex-spouse or any other person who has time-sharing with the minor child/children is not willing to agree to a proposed relocation or relocation plan, it will be necessary to petition the Florida family law court in the relevant jurisdiction to approve the relocation.

Like most legal proceedings, relocation petitions can become complicated. Again, it is advisable to retain the services of an experienced Miami family law attorney to prepare the necessary papers, make sure that all legal requirements are met, and present the request in a manner that is likely to meet the court’s approval.

What Must Be Included in a Relocation Petition?

To get any proposed agreement approved, the relocating parent must file a Notice of Intent to Relocate that meets stringent requirements and must send it to all parties who have custodial or visitation rights. The relocating parent must also present the court with reasons why the court should approve the relocation petition. As a result, the parent seeking to relocate should be prepared to present the court with information such as:

The conditions of any current custodial or visitation agreement and how much the agreement is adhered to by the spouses or others with rights (e.g., a relocating parent may want to inform the court if a non-custodial parent never or rarely exercises his or her visitation rights);
The relocating parent’s willingness to allow for longer, albeit less frequent, visits should the court approve the relocation in cases where the relocation is very distant;
The relocating parent’s willingness to absorb increased costs and burdens of transportation;
The reasons for the relocation demonstrating that the purpose is not to restrict the other party’s access to the child/children;
Why and whether the move would result in a better quality of life for the child/children;
Any other reasons why the relocation would be in the best interests of the child/children, despite the impacts it would have on the relationship of the child/children with the other parent or other parties.

What Happens After a Relocation Petition Is Filed?

Once the appropriate papers have been filed correctly and all other procedural requirements have been completed, any parties objecting to the relocation must respond. Should no objection be filed within a specified time frame, the court can approve a plan that complies with all legal requirements and authorize the relocation.

Continue Reading Read Less

Recognized by Leading Legal Organizations

Dedicated to the Highest Standards of Legal Practice.

Hear From Our Clients

Real Feedback From Individuals Who Trusted Us With Their Cases.

“Successfully Assisted My Family”
“Attorney Cristy Hertz and her firm were very professional and successfully assisted my family with personal legal matters. Her personal attention to detail and taking the time to really listen to my concerns was monumental.”

- Malia P.
“Experienced, Professional & Honest”
“Christy and Katie are experienced, professional, and honest, and attentive to detail. When it comes to family law issues, it's easy to let emotions cloud your judgment, so it's important to have attorneys who give a realistic view of your case.”

- Julieth F.
“Highly Recommend”
“I highly recommend Hertz Sager. The team is very professional, educated, attentive, and understanding. They helped resolve my divorce and achieve my goals. During the lowest time of my life, the team made sure that I was informed of every step in my case.”

- Marta M.
“They Kept Us Informed”
“Christy Hertz and Katie Sager both attended to my family as if they were dealing with a familial issue of their own. They always made sure our concerns were voiced in court and kept us informed of the process every step of the way.”

- Kristal A.
“Incredibly Trustworthy”
“Katie Sager exemplifies integrity, compassion, and determination in everything she does. She has an unwavering commitment to helping others and, among everything else, is incredibly trustworthy.”

- Brittany A.
“Amazing Family Law Team”
“Christy Hertz and Katie Sager are such an amazing family law team. They helped me navigate through a difficult time with compassion and patience. Having such a caring, committed team on my side made this unpleasant time in my life less stressful.”

- Angela H.
“Protected My Assets”
“Christy Hertz, Katie Sager, and their staff were committed to ensuring the best outcome during my divorce. As a result of their professionalism and negotiation, my divorce settlement protected my assets and allowed me to close that chapter of my life.”

- Tracy S.
“Helped Me Get Through My Divorce”
“Christy Hertz and Katie Sager helped me successfully get through my divorce. They understood my wishes and were able to communicate effectively with the opposing attorney. They explained each step of the process with clarity and patience.”

- Melinda B.
“Forever Grateful”
“I shopped around for legal representation, and immediately knew that Katie Sager was it. She did what was best for both me and my family, and I'm forever grateful! She has a team of all-stars and has helped me through every twist and turn.”

- J M.

Consequences of Relocating Without Court Approval

It is important to note that any relocating parent’s failure to comply with the law in all particulars can have grave consequences. If they proceed to relocate without obtaining an agreement approved by the other parties or by the family court, they may be subject to contempt, being compelled to return the child, and liability for certain fees and costs. Also, the relocating parent’s behavior in flouting the law and others’ rights can become a determining factor in any subsequent action taken by the court in determining whether the parent will be allowed to relocate with the minor child.

Objecting to a Relocation Request

A parent or other party objecting to a relocation petition must respond within a fixed time frame, and the objection must state the reasons for objecting to the relocation. If the party seeking relocation has failed to comply with the law, the objecting party may be able to obtain a temporary restraining order preventing the relocating parent from moving with the child or children.

Factors Courts Consider in Relocation Cases

An objection must state why the relocation would not be in the best interests of the child or children. It should be noted that, in all cases, the court’s primary concern is the best interests of the child or children.

Some of the factors considered by the court may include:

The nature of the relationships that will be disturbed by relocation—not only as to the non-relocating parent, but for grandparents, siblings, extended family, and other significant persons in the child’s/children’s life/lives;
The age and needs of the child or children, and how the move may impact the child/children;
The preferences of the child or children;
The feasibility of maintaining a strong relationship between the child/children and the non-relocating parties if the relocation plan is approved;
Whether the quality of life will be improved for the child or children, including financial, emotional, or educational benefits or opportunities for the relocating parent and for the child/children;
The current employment circumstances and economic circumstances of the parents, and how relocation will alter those circumstances for better or worse.

If you need help with a relocation issue, contact Hertz Sager online or call (754) 704-1894.

Continue Reading Read Less

Let's Find the Right Path Forward

Discuss Your Legal Matter With Hertz Sager Today.

First Name
Please enter your first name.
Last Name
Please enter your last name.
Phone
Please enter your phone number.

This isn't a valid phone number.
Email
Please enter your email address.

This isn't a valid email address.
Are you a new client?
Please make a selection.
How can we help you?
Please enter a message.
By submitting, you agree to receive text messages from Hertz Sager at the number provided, including those related to your inquiry, follow-ups, and review requests, via automated technology. Consent is not a condition of purchase. Msg & data rates may apply. Msg frequency may vary. Reply STOP to cancel or HELP for assistance. Acceptable Use Policy