While any legal dispute involving a minor child can get contentious, the possibility of a parent relocating out of state with their child in tow is especially likely to cause conflict. A compassionate family attorney can make the case for or against relocation in court.
If you are encountering conflict over relocation, now is the right time to seek out an attorney. The right legal counsel provides you with much-needed support during this challenging period. Contact our firm now to find out how you can benefit from the guidance of a South Miami relocation lawyer.
When Parents Agree on Relocation
While uncommon, there are situations where both sides agree on the relocation of a minor child. This can happen when the non-custodial parent acknowledges the move is in the best interest of the child. In some cases, relocation can occur before the non-custodial parent agrees to follow later on.
Even when the parents are in agreement, there is a formal process that must be followed for relocation. The parent who intends to relocate needs to file a proposed amendment to the time-sharing plan. This motion should spell out the intention to relocate and the reason for doing so. It should also include any new arrangements for long-distance time sharing.
Once the plan is submitted to the court, it is up to a Judge to accept it. Generally, the courts will sign off on a relocation plan when the parties are in agreement. However, even in these cases, the court might require a hearing for the parties to finalize the arrangement. A South Miami relocation attorney can assist with this process.
When Parents Disagree on Relocation
Most relocation requests in South Miami are disputed. This should come as no surprise, as having a child relocate to a different state can have a harmful impact on their relationship with the non-custodial parent. A dedicated South Miami attorney works to resolve a relocation dispute as quickly as possible.
If the non-custodial parent refuses to agree to relocation, they are entitled to a hearing. At the hearing, they can make the case that relocating a minor child to a different state is not in the child’s best interest. There are a few different factors the court will take into account to determine if relocation is what is best for the child. These factors include:
- The age of the child;
- The child’s preferences;
- The reason for the move;
- Employment opportunities for the relocating parent;
- The challenges of preserving parental relationships.
Relocating without the consent of the court has serious consequences. A parent who moves a child out-of-state without permission can be ordered by the court to return. There is also the risk of contempt of court, which can result in jail time or fines. It is also possible the Judge will order the parent to pay the other side’s attorney fees or even remove their custody rights.
Call a South Miami Relocation Attorney Today
During a relocation dispute, you have the right to hire an attorney to serve as your advocate. Your attorney can evaluate your case and develop the strongest possible argument for or against relocation.
There is no time to delay when it comes to child relocation. Reach out to a South Miami relocation lawyer from The Florida Probate & Family Law Firm for a free case evaluation. Call our office today to get started.