Child Relocation

In Florida, a parent who wishes to relocate a child a distance of more than 50 miles from the courthouse that issued the visitation order must submit a request to the court. A parent may desire to move to another area of the state, another state, or even another country due to job opportunities, a new marriage, or for other reasons. If you are the non-custodial parent, it can be devastating to think that your child or children may be relocating to an area that makes it impossible for you to see them regularly. If you are the custodial parent, you must have your custody and visitation agreement modified, and obtain the permission of the court and the other parent to move your child. It is vital to have a seasoned family law attorney for legal guidance and support when facing these stressful and often difficult issues.

Moving your children a distance of more than 50 miles without obtaining permission could result in your losing custody of your children. When an ex-spouse is not agreeable to the move, it is critical to have an attorney who will argue aggressively on your behalf. If you are the parent opposing the relocation of your child or children, we will work diligently to protect your rights when you have a solid reason and oppose your children being located to a different city, or even a different state or overseas. There are many factors that will be examined closely by the courts to determine whether children may be relocated, including:

• The child's physical and emotional development
• Education
• Quality of relationship between child/children and non-custodial parent
• Distance of move
• Reason for move (job, marriage, etc.)
• Opportunities available to child in new location vs. current location
• Impact of relocation on parenting time

Ultimately, the best interests of the child is what generally determines whether or not a parent will be allowed to relocate his or her children. In many situations, the relocation of children can be resolved through divorce mediation. Mediation is a less stressful, more cooperative approach that is typically easier for children who often experience extreme anxiety and emotional distress in these situations.

Whether you are a parent who wants to prevent a modification to your visitation/custody agreement in terms of relocation of your children, or a parent who wishes to relocate, we provide the experience and dedicated approach essential to securing the results our clients desire. At Adams & Luka, our family law attorneys understand the sensitive nature of cases involving the relocation of children. We invite residents of Central Florida to contact us today at 407-872-0303 or 352-357-4084.