What is child relocation?
Relocation of a child means when a parents moves a child from his principal residence. This could mean within the same city, the same county and/or the same state; or it could mean moving the child to another state or even another country. Moving a child from his principal place of residence may result in an interference with a parent’s visitation or time sharing with the child. However, this does not mean that any relocation needs to be regulated by the court.
If the relocation is within 50 miles of the child’s principal place of residence, it is unlikely that a court will find the relocation to be wrongful. Conversely, if the court has established a parenting plan and the parent relocates with the child without a written agreement with the other parent or court leave, the relocating parent may be held responsible and order the child to be returned.
How can I properly relocate with a child under Florida law?
Enter into a written agreement with the other parent wherein the other parent agrees with such relocation. If the other parent does not agree to a relocation, you may ask the court for permission to relocate with the child. You must notice a parent before relocating and the other parents decides whether to object to the relocation or not.
What can I do if my child was improperly relocated?
If the other parent has improperly relocated with the child, you may request the court to order the child to be returned. If the court grants your request, the child must be returned or the other parent may be held in contempt of court.
How can the Law Office of Glorian Maziarka help me?
We can help in either of the following:
- Drafting a proper child relocation agreement
- Bring a petition before the court to request permission to relocate; or
- Bring a motion before the court to hold the parent who relocated wrongfully in contempt and order the child to be returned.
- My child has been relocated to another country, I am in another country and my child has been relocated to the United States wrongfully, or I have relocated my child and I am being subject to a Hague Convention petition.
For help with intercountry child abduction issues, CLICK HERE.
Call our office for an initial consultation!