Relocation with Children  Attorney – Orlando

Moving boxes

Parental relocation involves a request by one parent to move more than fifty miles away from the other parent that has a right to child timesharing.  Reasons a parent may have for relocating may include a new job, or being closer to extended family that can help with child care and provide financial assistance.

Voluntary Agreement to Relocation

Relocation may occur pursuant to a written agreement between the parties, as long as the agreement is legally sufficient.  The parties must still obtain judicial approval of the agreement if there is already a court order in place relating to the parents’ children.  Failure to get judicial approval of the agreement can subject the relocating parent to future demands to return to the prior residence, or lose custody of the children.

Contested Request for Relocation

The parent that is not relocating often objects to the other parent’s relocation request, and so a voluntary agreement cannot be reached. In such event, a formal case must be filed and the court must decide whether the relocation should be permitted.  The court must base its decision on objective evidence. Criteria that the court is required to consider is determined by Florida law.

Get a Legal Strategy

The procedure for seeking judicial approval for relocation over the objection of the other parent can be expedited and so may include short deadlines with which both parties must be aware or be subject to forfeiting their rights. Call DeVoe Law Firm for a free consultation about your parental relocation case.

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