Custodial Parent Relocating





Parental relocation is one of the most complex child custody issues to resolve. Parental relocation is defined as one parent with custody moves out of the area or state with the couple’s children. This makes visitation difficult or nearly impossible for the noncustodial parent. A move as big as out of state or out of the area can be tough for children as well - a new school, new friends, an overall lack of familiarity, and often sadness from not seeing the other parent. 

While a custodial parent may have a valid reason for relocating, such as a new job or new marriage, reasons for moving must also be applied to the children if you have a custody order from a Florida court. If you are considering relocation, talk to a Miami family law lawyer to help you resolve the issue. The state of Florida law defines relocating as a change in the location at least 50 miles from residence contained in the child custody order for at least 60 consecutive days not including temporary absence, vacation, education, or for child healthcare purposes. 

Two processes for parental relocation approval in Florida

Florida relocation statute allows two processes when gaining approval: by agreement and by petition. 

By agreement means that the parents can settle the issues amongst themselves and present the plan to the court for approval, which will replace the existing child custody agreement. 

If done by petition, which would need the help of a Miami FL divorce attorney, the parent moving can file a petition with the court for a hearing if an agreement among both parents cannot be made. A response by the opposing parent must be filed, detailing why they should not be granted permission. 

If you are considering relocation with your children, call trusted child custody attorneys at Rafool, PLLC. You can contact us online or by calling 305-567-9400.