So, you've decided you want to relocate with your child—what comes next? Filing a request for relocation with the courts and taking the necessary steps to give you and your child a better life can be complicated. We're here to help out with some tips for how you can tackle the relocation process proactively and achieve the results you desire.
At K. Dean Kantaras, P.A. our attorneys can help you handle your child custody dispute. Contact us online or via phone at (727) 939-6113 to schedule a consultation with us and learn more.
I Want to Relocate with My Child—How Does it Work?
To relocate with your child in Florida, you need to file a relocation case with your court.
If you're engaged in a child custody order, you must first notify your child's other parent of your intent to relocate.
You must provide them with a written notice that details:
- Where you intend to move;
- Why you intend to move, and;
- A proposal for a revised parenting plan that accounts for the relocation.
At this point, the other parent has two options:
- They can agree with the relocation. If this happens, you will file a motion to relocate with the court. The court will verify that both parties agree to the relocation and the revisions to the parenting plan before allowing you to relocate.
- They can oppose the relocation. If this happens, you still need to file a motion to relocate. Afterwards, you must attend a hearing with the other parent. You will each have the opportunity to present your case and evidence supporting your position. The court will either allow you to move forward with the relocation or rule against you depending on the child's best interests.
What Does a Court Consider at a Relocation Hearing?
At a relocation hearing, the court considers:
- Why you want to relocate with your child (if it's for a job offer, if it's so your child can receive better education or opportunities, etc.);
- Why the other parent opposes the relocation;
- Each parent's relationship with the child;
- What sort of opportunities the child would have if the court allowed the relocation;
- Whether you or your co-parent have family either where you currently live, or where you want to relocate;
- Whether the child would benefit more from staying with you if you relocated, or if they should remain in their current location with their other parent;
- How relocating could impact the child's emotional, mental, and physical well-being (for example, relocating so the child can receive better medical care for a condition they have or better education would play into the case);
- How (or if) the other parent could still see the child and have custody post-relocation, and;
- Anything else the court believes is relevant to the case.
As you can tell, the court has a fair amount of leeway during relocation cases. For this reason, obtaining the help of an experienced relocation lawyer is crucial. They can help you gather evidence supporting the need for relocation and protect your parental rights in court if the other party disagrees with the relocation.
To schedule a consultation with our team, contact us online or via phone at (727) 939-6113.