Coconut Creek Relocation Lawyer

Parental relocation in Florida can be a very contentious and complex issue. Therefore, you need a Coconut Creek relocation lawyer who can present your case to the court effectively. The Law Offices of Jonny Kousa, P.L. represents parents who wish to relocate with a child beyond 50 miles and parents who oppose the relocation.

If you have questions about parental relocation in Florida, contact us online or call (954) 626-8071 now.

What is Parental Relocation?

Parental relocation refers to a situation where one parent, typically a custodial parent, decides to move with their child(ren) to a new residence, which may be in a different city, state, or even country. This decision often requires legal considerations, especially if the move will impact existing custody arrangements or visitation rights.

Here are some common reasons why parents might consider relocating:

• Career Opportunities: One of the most common reasons for parental relocation is a job opportunity in a new location. A parent may need to move to pursue a better job, a promotion, or to advance their career in a different city or country.
• Family Support: Sometimes, a parent may want to relocate to be closer to family members who can provide emotional, financial, or practical support, especially if they are a single parent.
• Education: Parents may choose to relocate to provide better educational opportunities for their child. This could involve moving to a district with better schools or relocating to a city with a renowned educational institution.
• Financial Considerations: Economic factors can also drive parental relocation. A parent may move to a more affordable area to reduce living expenses or to seek better housing options.
• Quality of Life: Seeking a better quality of life is another common reason for relocation. This could involve moving to a safer neighborhood, a community with more recreational opportunities, or an area with a healthier environment.
• Relationship Changes: Changes in relationships, such as remarriage or starting a new family, can prompt parental relocation. A parent may move to be closer to a new partner or to create a unified family unit.
• Health Reasons: In some cases, a parent may need to relocate for health-related reasons, either for their own health or the health needs of their child.
• Legal Issues: Legal reasons, such as court orders or custody agreements, may also necessitate parental relocation. However, such relocations typically require approval from the court or consent from the other parent.
• Escape from Dangerous Situations: In rare cases, a parent may need to relocate to protect themselves or their child from an abusive or dangerous situation.

Parental relocation can be a complex and emotionally charged issue, especially when it involves disputes over custody arrangements or parental rights. In such cases, parents must seek legal advice and communicate openly and respectfully with each other to find the best solution for their child.

About Relocation in Florida

One thing you need to understand is that generally, under Florida law, you can't move the child's principal residence address more than 50 miles away without the other parent's consent or the court's authorization.

If the other parent consents to the relocation, an oral agreement will not suffice. The agreement must be in writing and must reflect the other parent's consent to the relocation, define his/her access or time-sharing schedule, and describe the transportation arrangements related to the time-sharing.

If the other parent objects to the relocation, you will need to file a Petition to Relocate and serve it upon the other parent. There will be a hearing where the court will determine whether the proposed relocation is in the best interest of the child.

In reaching its decision regarding a proposed temporary or permanent relocation, the court will evaluate:

• The nature, quality, extent of involvement, and duration of the child's relationship with the parent proposing to relocate with the child and with the non-relocating parent, siblings, half-siblings, and other significant people in the child's life.
• The age and developmental stage of the child, the needs of the child, and the likely impact the relocation will have on the child's physical, educational, and emotional development, taking into consideration any special needs.
• The feasibility of preserving the relationship between the non-relocating parent or other person and the child through substitute arrangements that consider the logistics of contact, access, and time-sharing, as well as the financial circumstances of each party.
• The child's preference, taking into consideration their age and maturity.
• Whether the relocation will enhance the general quality of life for both the parent seeking the relocation and the child, including but not limited to financial or emotional benefits or educational opportunities.
• Each parent’s reasons for seeking or opposing the relocation.
• The current employment and economic circumstances of each parent and whether the proposed relocation is necessary to improve the economic circumstances of the parent seeking relocation.
• Whether 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 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.
• 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.

Reach out to our Coconut Creek relocation attorney to arrange for a free case evaluation. Call (954) 626-8071 now.