What is the issue of relocation?
Minor Child Relocation issues are some of the hardest issues to deal with in the family law arena. They are very emotional. They are very important. Though some compromises can be made, there is typically a winner and a looser. In addition, the resolution of the dispute is typically time sensitive, in that it will need to be resolved quickly.
Minor child relocation is where you have two parents with one or more minor children, and one of the parents wants to relocate the minor child or children more than 50 miles away. The request could be for 51 miles away or overseas or somewhere in between. The parties have to determine what will happen with time-sharing and financial support for the minor children if the relocation is allowed.
A parent is typically permitted to relocate anywhere on Earth that they wish. That is your right as a citizen of the United States. However, a parent is not necessarily entitled to relocate a minor child when the other legal parent objects.
Why would someone need an attorney to help with a relocation matter?
Relocation law is very specialized area of family law which is incredibly dependent upon yours and your children’s particular facts and circumstances. In addition, the administration of relocation disputes is very procedure oriented. Many unforgiving legal deadlines and requirements are involved. Missing or neglecting one can irrevocably harm or even outright lose your case.
You need an attorney so you can assess your options and understand your reasonably available strategies. You also need an attorney to get you through the legal process which can be somewhat of a midfield. Finally you will need an attorney to guide you through negotiations, mediation, and possibly a trial.
This is one area of the law that would be very difficult to administer competently without the assistance of an experienced family law attorney.
Can the noncustodial parent object to relocation?
Absolutely, that is your legal right as a parent. In fact, noncustodial parents frequently object to relocation requests. Either side’s chances of being successful are very dependent on the particular facts of the case. The courts typically initially presume that relocation IS NOT in the children’s best interests and the relocating party has the burden of proof to convince the court otherwise.
WHAT ARE SOME OF THE FACTORS OF RELOCATION?
- The specific reasons for the proposed relocation;
- The past involvement in the lives of the children of the non-relocating spouse;
- The distance of the relocation;
- The reasonable availability of makeup or substitute timesharing;
- The financial ability of having makeup or substitute time sharing;
- The children’s ties with their current community, school, friends, family and such; and
- How the children are currently doing.
This is not a complete list. Every case is different.
How can the Anton Legal Group help someone with relocation issues?
First, we can help you analyze your particular facts and let you know whether you have a good chance at prevailing in a relocation request or at successfully blocking a relocation case. Then we can help you properly follow the required Florida statutory procedure, which would then entitle you to even ask for or object to a minor child relocation. If you do not follow the statutory procedure, then you cannot even successfully ask for or block a relocation.
If you are seeking to move outside the area with your minor children, or if your former spouse has filed a petition for relocation, call the Anton Legal Group today at (813) 443-5249 for a consultation.