When a couple decides to split up, they will need to figure out a lot of things about the life they once shared. Disputes frequently arise regarding finances and where each party will live. However, the most complicated factor in many divorces and separations involves child custody. Most parents want to spend time with their children in order to build healthy, lasting relationships. When a custodial parent decides to move, custody arrangements can change—and so can one parent’s visitation and custody rights.

When you or a co-parent wants to relocate with your child, consult a Fort Lauderdale relocation lawyer to protect your parental rights. Our respected family law attorneys are here to help.

When Both Parents Accept the Relocation Plan

Some families are fortunate enough to agree upon a child’s relocation. If a Judge has not yet finalized the parent’s divorce or custody agreement, both parents can make sure their approval for the move goes into the final custody agreement.

When one parent decides to move after the divorce judgment has already been finalized by the court and the other parent agrees with the plan, both parents still need to file a new agreement with the local probate court. The revised custody agreement will modify the original court order. The new agreement must confirm the non-relocating parent agrees to the plan and explain the new time-sharing arrangements. The plan must also describe the specific details of how the non-relocating parent will maintain a relationship with the child, such as by outlining a visitation schedule and transportation plan for the child to get to and from the non-relocating parent’s home.

After filing the agreement, the non-relocating parent has up to 10 days to request a hearing to change their mind. If they do not request a hearing, the local court will generally accept the relocation plan.

During a relocation, an experienced local lawyer in Fort Lauderdale can help draft a fair agreement to help both parents protect their rights.

When One Party Disagrees with the Child’s Relocation

When one parent wants to relocate with their child and the other parent is opposed to the move, the parent who wants to move needs to follow specific procedures. If a parent relocates their child without following these mandatory steps, they can face severe penalties, including contempt of court.

The parent who wants the change must file a petition with the court and serve the petition to the other parent. If the other parent does not agree to the child’s relocation, they must file a written objection to the relocation plan within 20 days. If they fail to file an objection within this timeframe, a court can automatically allow the relocation. If an objection is filed, however, the court will then order a hearing. At the hearing, the parent who wants to move must show the court why the move is in the best interests of the child.

Parents who want to move must follow the precise legal steps required to relocate, as do parents who wish to fight against proposed relocations. A dedicated Fort Lauderdale relocation attorney can handle both scenarios.

Contact a Fort Lauderdale Relocation Attorney Today

Relocation issues that come up after a marriage or relationship has ended can be emotionally challenging for everyone involved. As a parent, you want what is best for your child, but you also want to maintain a relationship with them.

A trusted Fort Lauderdale relocation lawyer from The Florida Probate & Family Law Firm understands these issues and works hard to help you protect your parental rights. Call our office today to arrange a free case evaluation and explore your options.