Relocation Issues

Dependable Advice When a Custodial Parent Proposes a Long-Distance Move

Difficult economic conditions aggravated by the financial problems often generated by divorce can lead people to consider moving away from South Florida in order to be closer to relatives or find better employment in another state. When a parent with primary physical custody of a child is thinking about relocation, the other parent’s interest in regular visitation will be significantly affected.

Speak with a lawyer at the Fort Lauderdale law firm of Moraitis & Raimondi, LLP, if you or the other parent might be considering a long-distance move away from the noncustodial parent’s home. The problem of parental relocation has become widespread enough in recent years that the Florida Legislature acted to define the procedures protecting the interests of the children involved and each parent.

How Far Can You Relocate Without Notifying the Other Parent?

Under the new law, a custodial parent proposing relocation more than 50 miles away needs to give formal notice with specific information to the other parent. The noncustodial parent then has 30 days in which to review the proposal, agree to its terms, negotiate different terms or object in court. Because of the importance of a stable relationship between a child and both parents, it’s very difficult to obtain court approval of a relocation proposal over the other parent’s objection.

Nevertheless, it might still be possible to convince the other parent and the court that the relocation is in the best interests of the child, which will be the key issue at a hearing on the objections. Our lawyers can advise you about the evidence and procedural considerations that will weigh most significantly on a contested relocation motion.