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Relocation Attorney in Miami, FL

At The Family Matters Law Firm, we can help you navigate child custody relocation laws and ensure that all parties involved prioritize your child’s best interests.
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What Does Relocation Mean in Florida?

When two parents split custody of their shared child, one parent relocating to a different area can significantly impact the custody arrangements. In Florida, relocation is defined as one parent moving at least 50 miles from the current residence for at least 60 days.

Relocation has significant child custody and time-sharing implications, and parents can sometimes come to agreements on their own without the requirement of a formal hearing. Other times, they need to involve the court system to gain approval for relocation and adjust the custody arrangements as necessary.

If you or your child’s other parent are considering relocating, you need a qualified attorney to represent you and guide you through the process. Contact The Family Matters Law Firm to schedule a strategy session.

How Does the Court Determine Whether a Child Can Relocate with a Parent in Florida?

If a child’s parent is relocating, the court will review several factors to determine whether it is in the best interest of the child to relocate with the parent. These factors include the following:

  • The child’s relationship with both parents
  • The child’s age and needs
  • The effect of the move on the child’s development
  • The child’s preference for the move
  • The logistics to maintain visitation with the non-relocating parent
  • The relocating parent’s reason for moving
  • Any other factors related to the child’s best interest

What Is a Petition to Relocate?

If the parents disagree about the relocation, the relocating parent will need to file a petition to relocate. This official court document contains the following information:

  • The relocating parent’s new address and phone number
  • The expected date of relocation
  • The reasons for the relocation, including an official job offer if applicable
  • The plan for transport during the child’s visitation
  • The planned visitation schedule after relocation

The relocating parent will serve this document to the non-relocating parent. Then, the non-relocating parent will have 20 days to respond with reasons why the relocation should not be allowed or why the planned visitation schedule is inadequate.

If the non-relocating parent fails to respond within 20 days, the court can approve the request for relocation without a court hearing. However, if the non-relocating parent responds with reasons to not allow the relocation, a hearing will take place.

Whichever side of the relocation you are on, having an attorney is essential to state your thoughts and arguments clearly and effectively within the court’s processes. Contact us to schedule a strategy session.

What Happens if a Parent Relocates in Florida Without Court Approval?

If a parent relocates without court approval, and the non-relocating parent does not agree with this relocation, the relocating parent may be in contempt of court. The judge will consider the relocating parent’s failure to notify the court when determining any modifications of the custody arrangement or whether to require the parent to return the child. The relocating parent may also face other penalties for being in contempt of court.

Often, relocating parents wonder why they need to gain court approval to move to a new location. However, Florida’s legal system has found this process necessary to ensure that a move is within the child’s best interests. Parents who split custody of a child cannot change the arrangements of that custody without gaining approval from the other parent and/or the court.

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Call (305) 701-2901 or fill out the short form below. We will usually respond within 1 business day but often do so the same day. Don’t hesitate, your questions are welcome.

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Why Choose The Family Matters Law Firm ?

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Legal concerns with family can cause intense stress and have far-reaching effects. This can be especially true when children are involved. You also have a lot of financial interests in a family law case, so you must partner with the right attorney. The team at The Family Matters Law Firm is the right choice for these reasons:

  • We understand family. The Family Matters Law Firm offers our clients a family-friendly environment. We understand how delicate legal issues are with spouses, partners, and children.
  • We speak Spanish. Language barriers shouldn’t be a problem when you work with our firm. We speak Spanish and can understand your personal concerns.
  • We have the experience and skills. Family law is not something anyone should take lightly. Our attorneys have been practicing law for more than 20 years. We understand the critical aspects of family law and the essential steps with each case.

How Does Relocating in Florida Affect a Child?

In some cases, relocating can have a positive effect on a child, as they will have the opportunity to experience a new place and spend more dedicated time with the relocating parent. Additionally, depending on the relocating parent’s previous living arrangements, relocating may improve their circumstances.

However, relocating can also be stressful for a child. The child will need to split their life between their two residences. Depending on the new custody arrangements, they may need to start a new school, make new friends, and adapt to a new social environment.

Working with a Florida relocation lawyer can help you, the child’s other parent, and the child create an arrangement that places the child’s best interests at the forefront.

How Can a Florida Relocation Lawyer Help?

Whether you are considering relocating or your child’s other parent is planning a relocation, it is important to work with an attorney to avoid missteps that can negatively affect your custody and your plans.

Your relocation lawyer can help you present your thoughts and ideas about the relocation with effective, convincing language. They can also help you gather evidence to support your argument and represent you at the hearing.

At The Family Matters Law Firm, we’re dedicated to helping families navigate time-sharing and relocation issues. We’ll put our years of experience and in-depth knowledge of family law in Florida to work as we manage your case.

Contact our legal team in Miami, FL today to schedule your strategy session.

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Contact The Family Matters Law Firm

Are you ready to schedule your strategy session? Complete our online form and we will get in touch with you right away.

Ask a Question,
Describe Your Situation,
Request a Consultation

Call (305) 701-2901 or fill out the short form below. We will usually respond within 1 business day but often do so the same day. Don’t hesitate, your questions are welcome.

* Required Fields

Your Information Is Safe With Us

We respect your privacy. The information you provide will be used to answer your question or to schedule an appointment if requested.

Real Clients, Real Testimonials

  • Honest very Fair Reasonable Compassionate will not run your bills please give her a chance she has represented me for 5 Yrs just a good person she won all for me more than that she is very helpful. Just a example It took 5 yrs my Ex was Very Angry Sadly she found a Attorney who promised here everything she wanted just lies after lies he was a very Cruel Human being just drained her she spent over 250k and ended up receiving 225k as Equity Distribution
    My prayers for all is to Settle no point in Litigation However if your Attorney plays with your Emotions and lies to you it will end in very painful state .THATS WHY BE CAREFUL WHICH ATTORNEY YOU CHOOSE VERY IMPORTANT OR like be you will be Bankrupt and Almost Homeless.
    I had good friends and family who helped my Attorney I owed her over 50k which was very Noble of her Emily Philips to Trust me and I did pay her but she didn't have to do very few Attorneys will do that .
    So Consult with Emily Philips before u decide on a Representation..
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    - Denis Thali

  • Emily Phillips helped my family navigate and win a difficult child custody case. A wise, tough lawyer who cares about her clients. She was a godsend after 3 very bad lawyers.

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  • Ms. Phillips is an extremely empathetic and professional Lawyer. She handled our Petition of Guardianship, and 2 Last Will and Testaments, in a very swift and detailed manner. Upon my Father's passi g on, she reached out to our family, offering her condolences. She has clients for Life in myself and my family!

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  • The most effective, intelligent and caring divorce lawyer in Miami.

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2 S. Biscayne Boulevard Suite 2200, Miami, FL 33131

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The experienced attorneys and staff at The Family Matters Law Firm are here to serve you Monday through Friday from 9:00 a.m. to 5:30 p.m. We understand that divorce is not a decision anyone takes lightly and want to help you move through the process as painlessly as possible. Call us at (305) 701-2901 to discuss your case. If you contact us outside of business hours, we will respond to you when our office opens the following day. We’re here for you because family matters.

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