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Melbourne Child Relocation Attorneys Advocate for Clients

Florida lawyers handle custody and visitation issues when a parent wants to move

Whether negotiated by a party or handed down by a judge, great care should go into developing an appropriate parenting time plan. However, circumstances can change quickly, and sometimes there are compelling reasons for a custodial mother or father to move a significant distance with their child. Florida law holds that certain relocations must be approved by the court and incorporated into a revised parenting time schedule. At Tucker Mitnik P.A., we are experienced Melbourne family law attorneys who advise parents seeking to change their residence due to a job shift, a medical situation, a new relationship or some other reason. Our firm also assists noncustodial mothers and fathers who oppose relocations or are looking to make sure that visitation terms are updated to ensure that they will have ample visitation time with their child despite the increased distance.

What is Florida’s law on child relocation?

A parent who is subject to a child custody order relating to their son or daughter must follow Florida’s relocation statute if they wish to move 50 miles or more from their current residence. When the non-moving party consents to the relocation, a written agreement can be submitted to the court and incorporated into the order governing access and time-sharing. If there is a conflict regarding the proposed relocation, our attorneys have the skill and experience to assert your rights effectively in matters relating to:

  • Petition to relocate — If the relocation sought by one parent is contested by the other, the parent intending to move must file a petition to relocate with the court. This filing must include detailed information about reasons for the relocation, adjustments to the parenting plan and supporting materials (such as a job offer letter) where warranted. Once served, the recipient parent has 20 days to respond.
  • Temporary relocation — You might wish to leave home with your child for a limited time due to a loved one’s illness or a temporary work assignment. Relocations lasting fewer than 60 days do not require court approval. However, if you believe your temporary relocation will last longer than that, we can assist with interim visitation arrangements. Likewise, if you or your co-parent needs to move immediately, our firm negotiates short-term plans until a lasting resolution is reached.
  • Judicial review of relocation requests — Whether a relocation is contested or not, the court will evaluate if the move is in the child’s best interests and if it conforms with the Florida relocation statute. Any factor that the judge believes to be relevant to the child’s interests can be considered. Common factors include the child’s relationship with each parent, the reason for the proposed move, how the child’s needs will be met in the new location and whether suitable alternate visitation arrangements for the noncustodial parent can be worked out.
  • Violations of the relocation law — Negotiating a mutually agreeable solution to a relocation dispute can seem difficult, but a mother or father who bypasses the legal requirements risks sanctions for contempt of court and adverse revisions to custody and visitation terms.

In every circumstance, we are determined to achieve a result that creates a healthy environment for our clients’ sons and daughters and gives them the opportunity to maintain strong bonds with both parents wherever they might live.

Contact a skillful Melbourne family law attorney about your child relocation matter

Tucker Mitnik P.A. represents Florida parents in all types of custody matters, including situations where a custodial parent seeks to relocate with their child. Please call 321-392-5239 or contact us online to schedule a meeting about your case. Our office is in Melbourne, and we serve clients throughout Brevard County.

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  • Melbourne Office
    5425 Village Drive
    Suite 105
    Viera, Florida 32955
    Phone: 321-735-8956