In Florida, when the parents of a child share custody or timesharing as it is now called, they often are required to either come to an agreement or seek court approval regarding major changes that will affect the child and his or her parental relationships. As a result, if one parent wishes to relocate with the child, an evaluation must be made to determine whether the move is in the best interest of the child. If you share custody of your minor child, and either the other parent or you wish to relocate with the child, you should confer with an experienced Hollywood child custody lawyer as soon as possible. Cindy D. Sackrin can help you determine whether the move would be beneficial for your child, and she can explain your parental rights and obligations.
Attorney Cindy D. Sackrin is board-certified as a specialist in both family law and marital law. She regularly represents professional athletes and other individuals in the public eye in family law cases. Cindy D. Sackrin has extensive trial experience and is well versed in what it takes to obtain a favorable outcome in Florida family law courts. Attorney Sackrin can employ her substantial experience to assess the facts of your child’s potential relocation and determine a strategic plan of action to help you preserve your rights.Relocation Defined
In Florida, the relocation of a child is defined as moving a minor child 50 miles or more from his or her current residence for a period of time that is 60 days or longer. Moving a child temporarily for educational or medical purposes or taking a vacation with a child is not considered a relocation. If a parent who shares custody of a child wishes to relocate the child, he or she must inform the child’s other parent and give him or her an opportunity to consent to the move.Consent to Relocation
If both parents consent to the move, they must draft an agreement setting forth the terms of the relocation and submit it to the court. The agreement must state that each parent consents to the move, and it must set forth any revisions to the visitation schedule and describe how transportation for the child will be provided for visitation purposes. If the court finds the agreement to be in the best interest of the child, it can approve the relocation without a hearing.Opposed Relocation
If the other parent does not consent to the relocation, the parent seeking to relocate the child must file a Petition to Relocate (Petition) and obtain a court order permitting the relocation. If a parent relocates a child without obtaining a court order permitting relocation, he or she may be held in contempt, and it may affect his or her right to custody.
The Petition must include the address to which the petitioning parent wants to relocate the child, the proposed date of the relocation, and the reason for the relocation. If the relocation is due to a new job, any written job offer must be attached to the Petition. The Petition must also set forth a proposed visitation schedule to be put into effect if the relocation is approved and define how the child will be transported for visitation after the relocation. Lastly, the Petition must contain a notice advising the other parent that he or she must file a written objection to the Petition within 20 days, or it may be granted without a hearing. The notice must be served on the other parent.
If the other parent objects to the Petition, he or she must file a written objection, setting forth the reasons why the relocation is opposed and any support for the position that it should be denied. The objection also should delineate the interactions that he or she has with the child. The court will then hold a hearing in which it will consider evidence and testimony regarding whether the relocation is in the child’s best interest. In weighing whether to permit the relocation, a court will consider numerous factors, including the child’s preference, his or her relationship with each parent, the effect that the relocation will have on the child’s development, how the move will affect the child’s relationship with each parent, and each parent’s reasons for and against the relocation.Contact an Experienced Hollywood Lawyer to Understand Your Custody Options
Parents who share custody of a minor child often disagree over where the child should reside. Negotiations over whether one parent should be permitted to relocate the primary residence of a child can quickly become heated, and court intervention is often required to resolve the issue. If you share custody of your child and wish to relocate with the child, or if the child’s other parent is seeking a potential relocation, you should consult an experienced family law attorney as soon as possible to discuss your rights and obligations. Cindy D. Sackrin has the knowledge and skills to help you retain continued access to your child. She represents people in cities such as Hollywood, Hallandale Beach, Aventura, Miami, Fort Lauderdale, North Miami Beach, Miami Lakes, Weston, Coral Springs, and Pembroke Pines. Set up a free and confidential consultation with Ms. Sackrin at 954-455-0800 or via our online form.