Relocation

Elizee Law Firm is a full service family law firm located in Miami, Florida. In the event you are looking to relocate, meaning changing the location of your principal place of residence that is at least 50 miles away and for at least 60 consecutive days, it is important to get a written agreement between the parents and to give notice to the court.  

 

If the parents agree that a relocation is in the best interest of the child, the agreement needs to be in writing. The agreement needs to reflect the consent for the relocation, defines the new timesharing schedule with the child and the transportation arrangements. It is best to have the agreement reviewed and approved by the court.

 

Where the parents do not agree on the potential relocation, each party has the  burden of submitting evidence to the court making their case. In making a decision, the court will consider:

 

(a)The nature, quality, extent of involvement, and duration of the child’s relationship with the parent or other person proposing to relocate with the child and with the nonrelocating parent, other persons, siblings, half-siblings, and other significant persons in the child’s life.

 

(b)The age and developmental stage of the child, the needs of the child, and the likely impact the relocation will have on the child’s physical, educational, and emotional development, taking into consideration any special needs of the child.

 

(c)The feasibility of preserving the relationship between the nonrelocating parent or other person and the child through substitute arrangements that take into consideration the logistics of contact, access, and time-sharing, as well as the financial circumstances of the parties; whether those factors are sufficient to foster a continuing meaningful relationship between the child and the nonrelocating parent or other person; and the likelihood of compliance with the substitute arrangements by the relocating parent or other person once he or she is out of the jurisdiction of the court.

 

(d)The child’s preference, taking into consideration the age and maturity of the child.

 

(e)Whether the relocation will enhance the general quality of life for both the parent or other person seeking the relocation and the child, including, but not limited to, financial or emotional benefits or educational opportunities.

 

(f)The reasons each parent or other person is seeking or opposing the relocation.

 

(g)The current employment and economic circumstances of each parent or other person and whether the proposed relocation is necessary to improve the economic circumstances of the parent or other person seeking relocation of the child.

 

(h)That the relocation is sought in good faith and the extent to which the objecting parent has fulfilled his or her financial obligations to the parent or other person seeking relocation, including child support, spousal support, and marital property and marital debt obligations.

 

(i)The career and other opportunities available to the objecting parent or other person if the relocation occurs.

 

(j)A history of substance abuse or domestic violence by either parent, including a consideration of the severity of such conduct and the failure or success of any attempts at rehabilitation.

 

(k)Any other factor affecting the best interest of the child.

 

Whether your case is a contested or uncontested case, it is important that you seek legal advice. Elizee Law Firm is experienced in handling both contested and uncontested cases and is focused on safeguarding your rights. Allow the firm to represent you and your family in your pending family law issue. Contact us today at (305) 371-8846 for more information.

 

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