When a Judge approves a time-sharing agreement after a divorce, both parents are required to comply with its terms. Of course, situations in life change, and these changes might eventually make an existing time-sharing agreement unworkable. This is especially true in cases where a parent with primary custody of a minor child wants to relocate to another state.
Disputes over relocation can be complicated. Whether you hope to relocate or are fighting a relocation request from the other parent, you can benefit from the guidance of a knowledgeable family law attorney. Reach out now to meet with a West Miami relocation lawyer who is prepared to help you protect your parental rights.
What Qualifies as Relocation?
Not every attempt to move requires approval from the court. After all, relocating to a different part of town is very different than moving to the other side of the country. For short moves, court approval is not necessary. When bigger plans require court approval, a West Miami relocation attorney can help. Here are a few key facts to keep in mind:
- Relocation requires court approval when a parent intends to move their child more than 50 miles away from their current residence;
- It is only necessary to petition the court when a parent relocates for more than 60 consecutive days;
- Extended vacations and short-term relocations do not need approval from the court.
When a parent plans on relocating more than 50 miles away and that relocation is a long-term decision, it is necessary to petition the court. This process involves asking the Judge to modify the current parenting plan and the time-sharing agreement. If the request to relocate is granted, the new time-sharing agreement will take into account the relocation.
Relocation and Consent
Not every relocation request is met with hostility from the other parent. In fact, some parents see eye-to-eye regarding long-distance relocation. When that is the case, the process is fairly straightforward.
When both parents are on the same page, the party seeking relocation still needs to file a petition with the court. However, it is uncommon for a Judge to deny these requests when both parents are in agreement.
Things are more complex in cases where one parent objects to the relocation. In these scenarios, the objecting parent has a chance to be heard during a hearing with the Judge. With the help of their West Miami relocation attorney, they can make the case that relocation is not in the child’s best interests. A Judge will consider many different factors when making their final decision, such as:
- The child’s age;
- The child’s preferences;
- The motive for relocating;
- Employment and education opportunities for both the parent and the child.
Making the case for or against relocation can be difficult, so it is important to rely on an attorney every step of the way.
Contact a West Miami Relocation Attorney Today
Moving with a minor child is complicated even under the best of circumstances. When a change to the parenting plan is necessary to make these moves possible, it is a good idea to rely on the guidance of an attorney.
A West Miami relocation lawyer from The Florida Probate & Family Law Firm can assist you in this time of need. We proudly provide free case evaluations. Call our office today and arrange your confidential consultation as soon as possible.