Relocation with minor children is a tricky issue for divorced parents even long after they have finalized their divorces and parenting plans.
The State of Florida has recognized that many parents are moving out of state after divorce than in the past. In the past few years, Florida has adopted new statutes to address the issues raised by this trend. Today, if either parent wants to move more than 50 miles away from their present location after Divorce attorney filed in Florida’s legal system, they must petition the court for permission to do so. If the relocating parent desires to shift with the child, he or she must petition the court and demonstrate that the relocation is in the child’s best interest. As per Divorce law, if the relocation will affect the other parent’s time sharing with the child as established in a Final Judgment of Dissolution of Marriage, the relocating parent will have to meet the higher burden associated with modifying a custody-visitation arrangement. The other parent is given an opportunity to object the relocation and the law sets forth a series of factors the courts must consider when determining whether to allow relocation.
Elaine M. Simon is a Defense Lawyer, practicing in the state of Florida since 2000. She can comprehend the practical reasons why parents might have to relocate. She also understands the emotions non-moving parents feel when facing the possibility of their children moving away.
Elaine M. Simon has the capabilities to represent parents in both situations. Whether you are considering relocating your family or your former spouse intends to relocate, Elaine M. Simon can provide experienced representation. She is a determined negotiator and persuasive litigator of her clients. She is profoundly familiar with all divorce attorney related factors and prepares her arguments in lieu of the tact required to deal with her client’s unique situations; while the Judge considers granting child relocation requests.
No presumption; Factors to determine contested relocation: