Many decisions you make pertaining to your child will often require the consent of the other parent. This includes moving out of the county, city, or state with your child. The reasoning behind this is that the court deems it in the best interest of the child to have and maintain a bond with each parent and permitting the non-relocating parent access to the child for time-sharing purposes.
Many times, parents find themselves with a desire to move out South Florida, perhaps to an area with less traffic, better job opportunities, less expensive cost of living, or to be closer to other family members, among several other reasons. However, if a parent wishes to move more than 50 miles away from the other parent he or she would need to either obtain a written consent from the other parent, or a court order granting him or her permission to relocate.
Often times the other parent will refuse to consent to the relocation because it will restrict their access to the child and impede their ability to adhere to any current time-sharing schedule in place. In addition, transportation arrangements, job schedule obstacles, or simply the inconvenience of complying with a long-distance visitation schedule plays a major factor when parents object to the relocation of their children. This is why in order to successfully fight either in favor of or against a relocation, it requires the legal knowledge of the factors the Court looks for when considering a request to relocate with a minor child.
If a parent is seeking to prevent the relocation of their child, it is important he or she properly and timely objects to the relocation otherwise the court will permit the relocation, unless it finds it is not in the best interest of the child to allow it.
It is also important to keep in mind that if a relocation is granted, either by written consent or court order, a new time sharing schedule generated as a result of the relocation may trigger a modification of child support if the amount of overnight visitation by the non-relocating parent has been decreased.
If a parent unilaterally moves more than 50 miles away from the parent with their child without the other parent’s written consent or a court order, it would subject that parent to several consequences such as being held in contempt, compelling the permanent return of the child, denying any future request to relocate, ordering the relocating parent to pay the other parents attorney’s fees an costs that they incurred to fight the relocation, ordering the reimbursement of travel expenses incurred by the parent who had to travel to see the child, among other consequences. For these reasons, it is important to obtain proper legal representation for relocation proceedings.
If you need legal representation and assistance in either having a relocation granted or fighting to prevent the relocation of your children, contact the office to schedule a consultation.