parental relocation lawyers
Dadan Law Firm understands parents need flexibility to move for better job opportunities, families, schools, resources, etc. Whatever your situation is a parental relocation lawyer can help. We are one of the best law firms that offers representation in Saint Lucie County, Martin County, Indian River County, Broward County, Dade County and Palm Beach County.
Call us today at 772-579-0347.
Relocation Prior to Divorce
If you are seeking to relocate your child, you are able to do so if no court order prohibits such relocation in another case. If you leave the state and you have less than 6 months in that state you moved to you will be forced to handle your case in the state you previously resided in for 6 months or more if your opponent files suit before you do.
Relocation After the Divorce Has Been Filed
If you are seeking to relocate after the divorce has been filed you will not be able to. Time-sharing/child custody will be at issue. If you cannot agree on relocation you may be forced to go to trial on the issue. The judge will decide where the child should reside.
Relocation After the Divorce Is Final
If you are seeking to relocate more than 50 miles from your original location you will need court permission to move unless your divorce settlement stipulates that you can move with the child.
What Factors Will The Court Consider To Allow A Child To Relocate With Parent?
- The child’s relationship with both the relocating and non-relocating parent
- The child’s age and current needs
- The impact the move will have on the child’s development
- The ability to maintain the relationship between the child and the non-relocating parent
- Cost and logistics to maintain visitation between the child and non-relocating parent
- The child’s preference
- Whether the relocation will improve the lives of the parent and child
- The parents’ reasons for and against the relocation
- Whether the relocation is necessary for financial reasons
- Whether the relocating parent is attempting to move for good faith reasons
- Whether the non-relocating parent has complied with paying child support, alimony, and division of marital property, if applicable
- Whether either parent has had a history of substance abuse or domestic violence, and
- Any other factor affecting the child’s best interest.
The parent trying to relocate has the burden of proving that the move is in the child’s best interest. The court will schedule either a hearing within 30 days of the motion being filed, or a trial within 90 days of the filed motion.