Skilled Legal Guidance For Relocation After Divorce In Miami
When parents separate or divorce, one parent may need to relocate for employment, educational opportunities or family support. However, Florida law strictly regulates a parent’s ability to move with children after a divorce or separation, especially when it impacts the other parent’s time-sharing rights.
At Peak Legal, we guide parents through the complex legal process of relocation, whether you are the parent seeking to move or the parent opposing a relocation. Our Miami divorce attorney helps you understand your rights and options under Florida’s relocation statutes while advocating for your children’s best interests throughout the process.
Understanding Florida’s Relocation Laws
Florida law defines “relocation” as a move at least 50 miles from the child’s principal residence for at least 60 consecutive days. When a parent wishes to relocate with a child, they must follow specific legal procedures that depend on whether the other parent agrees to the move.
If both parents agree to the relocation, they must file a written agreement with the court that reflects consent to the move, details the time-sharing schedule for the nonrelocating parent and addresses transportation arrangements for the child.
When parents do not agree, the relocating parent must file a petition to relocate and serve it on the other parent. The nonrelocating parent then has 20 days to file an objection. If they object, the court will schedule a hearing to determine whether to permit the relocation.
Factors Courts Consider In Relocation Cases
Miami courts evaluate many important elements when deciding whether to approve a move-away request. These include:
- The child’s relationship with both parents and other significant family members
- The age and developmental needs of the child
- The impact of the move on the child’s development
- The child’s preference, depending on age and maturity
- Whether the relocation will improve the quality of life for both the parent and the child
- The reasons for seeking or opposing the relocation
Each relocation case is unique, and the court weighs these factors based on the specific circumstances of the family situation, always prioritizing the best interests of the child above all other considerations.
Contact Our Miami Relocation Lawyers Today
The legal requirements for relocations are strict, and failing to follow proper procedures can seriously impact your parental rights. Contact our Miami office by calling 305-697-1375 or filling out our online form to discuss your relocation case with an experienced family law attorney.