Relocating With a Child After Divorce in Fort Lauderdale
Life changes once you get a divorce in Fort Lauderdale. You may crave a fresh start in another city or want to relocate for a new job or to be near family members. However, moving is never so simple once you are a parent.
If you have a child time-sharing order, it likely prohibits you from taking the child out of the immediate area. Our Fort Lauderdale child time-sharing lawyer represents clients in these cases and explains what you need to know about relocation after a divorce.
Relocations When You Have A Fort Lauderdale Child Time-Sharing Order In Place
Moving could provide the fresh start you need after a divorce in Fort Lauderdale. However, if you have a child time-sharing order, it is not as simple as packing your bags. The Florida Statutes have strict requirements for relocating once a parenting plan is in place.
A relocation is defined as moving more than 50 miles from your current residence for at least 60 consecutive days. If you want to relocate with your child after a Fort Lauderdale divorce, you must first do the following:
- Obtain the other parent’s consent and file a written agreement with the court outlining the new parenting plan;
- If they object, file a petition for relocation and explain why the move is in the child’s best interests;
- Attend a Broward County family court hearing, at which a judge will listen to arguments and review evidence from both parties;
- Follow the existing parenting plan until a new order is issued.
Relocating without court approval can result in serious legal consequences, including being held in contempt of court and loss of your parental rights.
How The Broward County Family Court Decides on Parental Relocation Requests
If the other parent objects to your move, the court will determine if it is in the child’s best interest. Broward County Family Court judges consider multiple factors when making a decision, such as:
- Your reason for making the move: Courts evaluate whether the relocation improves the child’s quality of life, such as providing access to better education, medical care, or financial stability.
- The impact on the parent-child relationship: The non-relocating parent’s rights and ability to maintain a relationship with the child is a crucial factor in these cases.
- Proposed time-sharing adjustments: When making a relocation request, include a plan for visitation with the other parent, such as virtual visits or extended holiday schedules.
- The child’s preference: Depending on your child’s age and maturity, their wishes may factor in the judge’s decision.
Florida courts prioritize stability for the child. If the move disrupts their education, relationships, or emotional well-being, your request may be denied.
Consult Our Experienced Fort Lauderdale Child Time-Sharing Lawyer Before Relocating
If you are a divorced parent and considering relocating with your child, do not risk potentially harsh legal consequences. The law office of Vanessa L. Prieto provides trusted legal guidance and the professional legal representation needed to protect your rights. Call or contact us online to request a consultation with our experienced Fort Lauderdale divorce lawyer before making a move.
Sources:
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.13001.html
browardclerk.org/Divisions/Family
