When One Parent Needs To Move Away

Whether you are a custodial or noncustodial parent, if you share custody of a child in Florida and either spouse needs to move a significant distance away from the child, then Florida law requires the relocating parent to take certain actions before moving. Failing to do so can lead to difficult legal challenges for which you will need to talk to an experienced attorney.

At our firm, Michelle A. Barry, P.A., we know that Florida's family laws aren't always clear or easy to understand without the right legal background. That's why we provide guidance and support during all family law matters, including those concerning custody and visitation in relation to a parental relocation. We can explain your rights as a parent and the steps the court is expecting you to take prior to making any decisions regarding a relocation.

We understand the stress and anxiety that parental relocations can cause, and we know what is at stake. You can rely on us to take the time to work with you, understand your goals and seek the best possible result for your situation.

What Steps Does A Relocating Parent Need To Follow?

Under Florida law, if a custodial parent wants to move the child to a new home that is more than 50 miles away from the current home, he or she must serve and file a Notice of Intent to Relocate. This notice must include:

  • Details of the new address and phone number, if known
  • Reasons for the requested relocation
  • Proposal for accommodating the other parent's access or time-sharing rights

After the nonmoving parent receives the formal notice, he or she has 30 days to file an objection. Many parents can reach a written agreement on these issues during the 30-day period. Many times, parents will agree to new custody and visitation arrangements, including how any additional travel expenses will be allocated. If the new arrangement is in the child's best interests, a judge will modify the existing court order.

In cases where the parents cannot come to an agreement, a hearing will be scheduled, and a judge will decide whether or not the request is in the children's best interest.

Talk To A Lawyer With Compassion And Experience Handling Difficult Relocation Issues

Attorney Michelle A. Barry prides herself on the personalized attention she offers every client and the fact that she handles every aspect of your case herself. She is committed to helping you obtain a fair settlement in your divorce and other family law matters and works hard to negotiate an agreement without the stress and expense of a lengthy court battle. She will not hesitate to go to court, however, if that's what it takes to get the settlement you deserve.

Consult With A Lawyer From Our Firm

Contact us online or call our office phone at 407-622-4529 (toll free 888-351-8303) today to discuss a parental move-away. A free 15-minute initial telephone consultation is available to discuss your case. Email documents to us prior to a call for the most beneficial use of your time. In-person consultations are available at a reduced rate that will be put toward a retainer. We accept all major credit cards for your convenience.