Coconut Creek Relocation Attorney
Planning to Relocate? Consult with The Law Offices of Jonny Kousa, P.L.
Parental relocation in Florida can be a very contentious and complex issue. Therefore, you need a family lawyer who can present your case to the court effectively. The Law Offices of Jonny Kousa, P.L. represents parents who wish to relocate with a child beyond 50 miles and parents who oppose the relocation.
About Relocation in Florida
One thing you need to understand is that generally, under Florida law, you can't move the child's principal residence address more than 50 miles away without the other parent's consent or the court's authorization.
If the other parent consents to the relocation, an oral agreement will not suffice. The agreement must be in writing and must reflect the other parent's consent to the relocation, define his/her access or time-sharing schedule, and describe the transportation arrangements related to the time-sharing.
If the other parent objects to the relocation, you will need to file a Petition to Relocate and serve it upon the other parent. There will be a hearing where the court will determine whether the proposed relocation is in the best interest of the child.
In reaching its decision regarding a proposed temporary or permanent relocation, the court will evaluate:
- The nature, quality, extent of involvement, and duration of the child's relationship with the parent proposing to relocate with the child and with the non-relocating parent, siblings, half-siblings, and other significant people in the child's life.
- 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.
- The feasibility of preserving the relationship between the non-relocating 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.
- The child's preference, taking into consideration their age and maturity.
- Whether the relocation will enhance the general quality of life for both the parent seeking the relocation and the child, including but not limited to financial or emotional benefits or educational opportunities.
- Each parent’s reasons for seeking or opposing the relocation.
- The current employment and economic circumstances of each parent and whether the proposed relocation is necessary to improve the economic circumstances of the parent seeking relocation.
- Whether 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 seeking relocation, including child support, spousal support, and marital property and marital debt obligations.
- The career and other opportunities available to the objecting parent or other person if the relocation occurs.
- 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.
- Any other factor affecting the best interest of the child.