Relocation Lawyer in Miami

A Proposed Relocation May Require Parenting-Plan, Time-Sharing & Support Changes

We represent parents seeking to relocate with a child and parents objecting to a proposed move. Because relocation can alter parental responsibilities, time-sharing, transportation, and financial obligations, we examine the proposed move together with the orders it may affect.

Relocation issues often arise after a divorce or another proceeding that established a parenting arrangement. Before moving with a child, a parent should review the existing child custody, parenting-plan, time-sharing, and child support terms. Depending on the circumstances, the parent may need a written agreement or court approval before relocating.

Call (305) 783-3301 to discuss a proposed relocation and any related parenting-plan, time-sharing, or support changes with our Miami family-law team.

Florida’s Parental Relocation Requirements

Florida Statute §61.13001 generally defines relocation as a move of at least 50 miles from the principal residence established by the last applicable court order or pending action. The change must generally last at least 60 consecutive days, excluding qualifying temporary absences for vacation, education, or health care.

Relocation can proceed through two primary pathways: a written agreement or a petition requesting court approval. A relocation hearing isn’t a separate pathway. It may become necessary when another parent or person entitled to access objects to the proposed move.

The relocation process may involve:

• Relocation by agreement: The parents enter into a written agreement that addresses consent to the move, the revised time-sharing schedule, and transportation arrangements. The agreement remains subject to applicable court requirements.
• Relocation by petition: When the parents don’t agree, the relocating parent generally files a petition containing the required information about the move, its purpose, and the proposed time-sharing arrangements. The petition must be properly served on the required parties.
• Objection and hearing: A parent opposing the move must respond through the required legal process. If the dispute remains unresolved, the court may conduct a relocation hearing or trial and decide the matter under Florida law.

A parent shouldn’t relocate with the child without first satisfying the applicable agreement and court-order requirements. Moving prematurely can affect the relocation request and lead to additional court proceedings concerning the child’s return, time-sharing, or other remedies.

Parenting-Plan, Time-Sharing & Support Modifications

A proposed move may require more than permission to relocate. The existing parenting plan may no longer fit the arrangement after the move. We evaluate the relocation request and the related modifications together so that the requested terms reflect how the arrangement would function after the move.

A revised parenting plan may address:

• School-year and holiday schedules: The plan may allocate longer blocks of time when frequent short visits are no longer practical.
• Transportation and exchanges: The parties may need terms covering travel arrangements, exchange locations, and responsibility for transportation.
• Parent-child communication: The plan may establish appropriate telephone or video contact between in-person time-sharing periods.
• Decision-making responsibilities: The order may need to account for education, health care, activities, and other parental responsibilities affected by distance.

A change in the number of overnights can also affect child-support calculations. Financial information, time-sharing, and other factors required under Florida law may need to be reviewed through a child support modification request. A parenting-plan or time-sharing modification generally requires a substantial and material change in circumstances and a finding that the requested change serves the child’s best interests, subject to the facts and applicable law.

Best-Interest Factors in a Contested Relocation

The court doesn’t automatically favor or reject relocation. It evaluates the best interests of the child using statutory factors and the evidence presented by both sides. The analysis can include the child’s relationship with each parent, developmental and educational needs, and the feasibility of preserving a meaningful relationship with the nonrelocating parent.

Evidence in a relocation case may address:

• The proposed residence and reasons for the move.
• The child’s school, health, and developmental needs.
• Each parent’s involvement in the child’s life.
• The proposed time-sharing and holiday schedule.
• Travel costs, transportation logistics, and exchange arrangements.
• The effect of the move on the child’s relationships with parents and other significant people.

The court may also consider each parent’s reasons for supporting or opposing the move, the potential quality-of-life effects, and the child’s preference when age and maturity make it appropriate. Careful preparation requires more than explaining why a move is desirable or undesirable. The evidence should show how the proposed arrangement would affect the child and how the parent-child relationships could be maintained.

Relocation & Modification Representation in Miami

Whether you’re starting a new job, remarrying, seeking another opportunity, or disputing another parent’s relocation, our family law lawyers can assist with the relocation and modification issues involved. At Mitchell & West, LLC, we develop a strategy based on whether you’re requesting the move, objecting to it, or seeking changes to parenting-plan, time-sharing, or support terms.

Our attorneys apply more than 100 combined years of legal knowledge and experience through a collective approach.

We can guide you through:

• Paperwork: Reviewing existing orders, organizing financial and parenting information, and preparing required relocation or modification documents.
• The petition: Drafting or responding to a supplemental petition, addressing required notices, and presenting proposed parenting arrangements.
• Negotiation: Working toward written terms concerning relocation, time-sharing, transportation, and related support issues when agreement is possible.
• Hearings: Preparing evidence and arguments for a relocation hearing or trial when the dispute can’t be resolved.

Get Advice Before Relocating or Responding

Relocation deadlines and requirements can affect both the parent proposing the move and the parent receiving notice. Contact our legal team before taking action that could conflict with an existing custody, parenting-plan, time-sharing, or child-support order. We provide family-law services in English and Spanish.

Reach our legal team by calling (305) 783-3301.