admin We often hear of parents deciding to relocate with their children for various reasons, such as finding a new job or remarriage. However, if a parent is involved in an ongoing custody case with another individual they may be required to seek permission from the court before relocating with their child. If a parent moves without permission from the family court they could be considered in violation of the terms of their custody agreement and potentially be responsible for paying child support to the other parent.
If a parent has joint physical or legal custody, they will need to work out a parenting plan. The plan will detail the custody arrangement, visitation logistics and any other relevant details. In many cases, the parenting plan will specify a specific radius within which a custodial parent must seek the consent of the non-custodial parent to move. This is known as a “relocation” clause.
Relocation is a complicated issue in custody cases. It can significantly impact the amount of time a child spends with each parent as well as the quality of that time. The most important factor in determining whether a judge will allow a relocation request will be the reason behind it. If the relocating parent can show that the move will benefit the child or children in some way (better standard of living, closer to extended family, better educational opportunities) the court will likely permit it.
In addition to the reasons for a relocation, the courts will also look at the non-custodial parent’s relationship with the child or children and how it will be affected by the move. They will also consider any past history of domestic violence and how a possible relocation could affect the safety of the child or children.
Finally, the courts will look at the financial situation of both parents and how a relocation could impact their current incomes. The relocating parent must be able to prove that they can provide for the child or children financially after the relocation. This can include supplying information about the cost of living in the new location as well as potential jobs and salaries available there.
Relocation is a serious issue in child custody cases. A relocating parent can face fines or even lose custody if they move without the approval of the family court. For this reason, it is critical to speak with an experienced Miami divorce & family attorney as soon as possible if you are considering a relocation with your children. Our team can help you navigate the process and understand your legal options moving forward. Contact us today to get started.