- Complex Matrimonial Matters
- Domestic Violence
- International Family Law
- Interstate International Child Abduction
One of the key elements of a dissolution of marriage, or divorce, is the establishment of a parenting plan for all minor children of the marriage, including details on residence and time-sharing arrangements. In today’s tough economy, either parent may find it necessary to relocate for job opportunities, a new romantic relationship, or other reason. To relocate with a minor child, however, a parent must receive the other parent’s agreement or have a court order to this effect.
What qualifies as a “relocation”?
Florida law defines relocation as a change in the principal place of residence of a parent or other person indicated on the parenting plan since the time of the last court-issued order regarding time-sharing arrangements. To qualify as a relocation, the change of residence must be at least 50 miles from the present residence and must be planned for a period of at least 60 consecutive days. A temporary absence from the principal residence to seek medical care, go on vacation, or for educational purposes does not qualify as a relocation.
Petitioning for relocation in Florida
There are strict procedures in place and factors for a court to consider for legally relocating with your child in Florida. If both parents and every person entitled to spend time with the child under the time-sharing arrangement agrees to the proposed relocation, they may sign a written agreement to this effect, including details regarding the new time-sharing arrangements, communication methods and travel details. If these parties fail to reach agreement, the parent wishing to relocate must file a petition to get the court’s approval for the relocation. The petition must include:
The petition is then served on the other affected parties and they receive an opportunity to object to the petition. The court will then decide whether to grant the relocation.
Relocating without getting either the court’s approval or the other parent’s consent can result in criminal proceedings for child abduction. A Florida relocation lawyer can assist you in properly filing a petition for relocating with your child.
For many years, Lawrence S. Katz has helped clients in Florida, throughout the United States and abroad. He has earned an excellent worldwide reputation for providing knowledgeable, quality representation in family law matters.
"Attorney Katz has a keen sense for understanding the overall situation and immediately formulating an action plan. He is direct, succinct and effective. I highly recommend Attorney Katz for his experience, integrity and results!" - Vivian
"Mr. Katz is the best divorce lawyer in the Miami area. Very knowledgeable and experienced. We had a difficult case and he delivered impressive result. His assistant Fanny it is a great asset to that office as well." - Georgette
"My case was a complex one and Mr. Katz provided me with a course of action that led to a favorable outcome. He is clearly knowledgeable and experienced but he is also very prompt. He is always available to answer questions via email, Skype or phone. As an overseas client this was very important to me. I would definitely recommend Mr. Katz especially for international divorce and custody cases." - Anonymous
"I am extremely grateful to have had Larry represent me. In International Family Law I would say he has few, if any, equals." - Anonymous
"This divorce lawyer is excellent, charismatic, professional, and cares about the customer. I gave a case to him that it was impossible to solve, and he did solved the problem like it was very simple. He was always in touch and answering all my questions, either by phone or by email." - Manjit