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Relocation

If either parent wishes to move farther than 50 miles away with your children, you should contact an experienced lawyer for help. At the Deerfield Beach office of Arica L. Braaten, P.A. we provide compassionate, skilled and aggressive representation in relocation cases. Call (954) 380-6000 to schedule a free consultation.

If one parent wishes to move more than 50 miles away with minor child(ren), this parent will be required to ask a Florida court’s permission to do so; this type of case is called a “relocation case” and requires the party wishing to move to notify the other parent in writing and state the reasons for the move. Remember, you cannot move first and petition for permission later!

Prior to October 2006, it was fairly simple for a parent to move and take the children along. However, after October 2006 the Florida statutes were amended with stricter guidelines for child relocation. If the other parent objects to the relocation, you must prove that the move will be in the best interests of the child. This will entail, among other things, the establishment of an alternate access schedule which ensures the other parent will be able to maintain meaningful contact with the child. Additionally, transportation must be affordable.

If you are the parenting wishing to relocate with your child or if you are the parent attempting to prevent the relocation, it is important to seek legal advice from an experienced family law attorney. If the proposed relocation is contested, the parent who wishes to relocate must serve a "notice of intent to relocate". The other parent must then respond in writing within 30 days; this response is called an "objection". At this point the court will then schedule a hearing. If a parent does not follow Florida Statute § 61.13001 by serving the "Notice of Intent to Relocate" and just simply moves, he or she could be held in contempt of court and be ordered by the court to return the children and may have to pay the other parents attorneys fees. It would also seriously affect their chances of relocation.

Parental relocation cases can be complex and without knowledgeable legal representation, you may run the risk of losing your parental relocation litigation. Contact the South Florida Office of Arica L. Braaten, P.A to schedule a free consultation at (954) 380-6000.

Judges will consider a number of statutory factors before granting relocation. These factors help a Judge determine if it is in the best interests of the child to relocate. Some factors that are considered are:

  • Financial and emotional stability of the parents
  • Adherence with the current parenting plan
  • Relationship between the child and the non-moving parent
  • Age of child
  • Ability to modify the Parenting and Time sharing plan
  • Amount of time the non-moving parent has with the child

A relocation matter doesn’t have to be acrimonious. If the move is uncontested, the South Florida office of Arica L. Braaten, P.A. can draft a written agreement between the parents which will clearly set forth all the terms and conditions of the relocation. Contact Arica L. Braaten at (954) 380-6000 for a free consultation.