Child Relocation
Understanding Your Rights When Relocating with a Child
The consequences of a divorce are widespread, and are especially difficult when children are involved in this process. In fact, child custody battles are often fraught with conflict, but lesser-known is the issue of child relocation, which occurs when a parent who has physical custody of a child desires to move more than 50 miles away from the other parent. This move can take place within a state or across state lines, but approval of such a move is always contingent upon whether it is in the best interests of the child or children involved.
Conflicts often arise when the other parent does not consent to the move, and the two parties are not able to come to an agreement. This usually means that you will have to go to court to resolve the dispute, but without an experienced family lawyer, you may not obtain the outcome you desire.
Common Factors That Are Considered in Child Relocation Cases
Although each state has specific requirements for filing a child custody relocation request, there are some common factors that judges consider, which include:
- Destination – in some states, the distance of the relocation is a major factor in determining approval. Destinations within a state may be viewed more favorably than destinations out of state.
- Express Consent – if a divorce decree includes an express consent agreement that one parent can relocate in the future, and designates a visitation agreement for the other parent, then the court will likely view the proposed relocation more favorably.
- Notice and Consent – in some states you may have to provide notice to the other parent within a specified time period prior to the move. That alone may not win you approval, because the other parent can still file a motion to prevent the move.
- Good Faith – this means that you must provide a good faith reason why you are moving, remembering that you will be taking a child out of familiar situations such as school, neighborhood and friends.
What Our Clients Have to Say
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"You can too trust him!"I am using Eric for the second time, he saved this child the first time when she needed it the most. I know God’s will placed him in my life and when an incident came up again I didn’t hesitate to call Eric Cheshire. He is a Godly Man that gets at the truth to help in the best way he can with the will of God. I trust him with the most precious gift God gave me, you can too trust him.- Former Client
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"A true gentleman and professional!"As a woman of God, I would never have dreamt I needed Eric and his firm’s services. Fortunately, it was one of my better decisions. For his professionalism and kind heart made me feel that I was not in this alone. He was walking with me during the entire ordeal and I am very blessed to have a Christian man such as himself to guide me and explain everything to me. A true gentleman and professional! Thanks Eric!- Former Client
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"I am so thankful to have found someone who was so knowledgeable and considerate."As you might imagine this was a difficult time in my life. I am so thankful to have found someone who was so knowledgeable and considerate to help me through my divorce.- Former Client
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"Will hire him again if I ever need an attorney for my legal needs"I’ve used Eric Cheshire, PA over the years for my divorce and he handled it in an understanding but prompt manner. I’ve recommended him to other family and friends and they’ve been elated with his representation also. Will hire him again if I ever need an attorney for my legal needs.- Former Client
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"Eric fought for our family to be together."Very nice and helpful. Give my husband his legal rights as a father to be able to see his son. Eric fought for our family to be together and he always checked in with us to see how things were going. I couldn’t have asked for a better lawyer and family man. He loves his family and he loves his clients too.- Former Client
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"Very grateful!"Atty Cheshire reviewed the case carefully with my daughter and communicated with other lawyers in Missouri where she lives. We spoke with him to give other pertinent info and he kept us posted. He spent we suppose several hours on her case which helped prevent some financial pitfalls on her part. My daughter and us parents are very grateful for his foresight and timely advice. We highly recommend Atty Cheshire. (Reviewed from a potential client who consulted with Attorney Cheshire).- Former Client
Child Relocation Rules in Florida
In Florida, every divorce must include a parenting plan and time-sharing agreement which lays out how both parents will raise their child together, including visitation schedules and any possible relocation. A custodial
A parent that wishes to move with a child must file what is known as a Notice of Intent to Relocate, which is not only filed with the court, but must also be given to the other parent, or anyone else who was named in the parenting plan and time-sharing documents.
By law, that person has 30 days to respond to the petition in writing, and you cannot move your child until a judge has heard the petition.
After the filing, a judge will review the petition and in Florida, the most important considerations include:
- How old is the child?
- Does the relocation request violate the existing visitation schedule?
- What is the state of the relationship between the child and the non-moving parent?
- Are both parents financially and emotionally stable?
- Does the parenting and time-sharing plan include a relocation clause?
- How much time does the non-moving parent spend with the child?
- Is there any history of abuse related to the parent?
- Does the child have any special needs that would be adversely affected by the move?
As with all legal issues involving children and divorce, the relocation petition is always going to be measured against the best interests of your child. If a judge determines that moving a child will adversely affect that child, the request may be denied.
Representing You In Family Court
If you have filed a child relocation petition, or you are contesting a petition, please contact the family law firm of Eric C. Cheshire, P.A. at 561-655-844 for an initial legal consultation. We understand all the child relocation rules and regulations that are essential to these cases, and can provide you with expert legal representation.