Parent Relocation

Relocating with the Children

Challenging or Initiating Move-Away Petitions in Florida

The court has no presumption either way when one parent wishes to move out of Florida or to a distant part of the state. The child's best interests are the only criteria. However, over the years the burden has shifted to make it more difficult for a mother or father to take their kids away from a loving and actively involved non-residential parent. And the law has recently changed regarding the allowable distance.

The Law Office of Curtis R. Cowan, P.A. has served both men and women in these contentious proceedings. My Fort Lauderdale practice represents clients of Broward County and Palm Beach County in both in-state relocation and out-of-state custody petitions. I am a Board-Certified in marital and family law lawyer, with 22 years of legal experience. Call my office at (954)768-0720 to learn your rights and discuss strategies.

Parent Relocation in Florida

A new statute requires a hearing for primary residential care (primary "custody") parent to move more than 50 miles away — unless the new home is still within 50 miles of the non-residential parent's home. For instance, if you both live in West Palm Beach you could not move to Miami without court approval, but you could relocate to Miami if the other parent were living in, say, Delray Beach or Boca Raton.

The primary parent must serve notice of the intent to move beyond the 50-mile limit. The non-primary parent then has 30 days to object. If there is no objection, the parent is free to relocate. If there is objection, the court will order a fast-track trial on the issue. The judge considers multiple factors, including:

The non-residential parent's involvement in the child's life
The logistics of continuing a meaningful relationship with the child
Age, development, and needs of the child
The child's preference
Economic benefit (increased ability to provide for the child)
Enhanced quality of life and opportunities for the child
History of substance abuse (of either parent)
"Other factors" impacting the child's wellbeing

Protecting Your Rights: (954)768-0720

Whether you are seeking to relocate or challenging such a move as damaging to your relationship with your child, you will need a qualified attorney to prepare your arguments and present your case to the judge. Contact my Ft. Lauderdale office today for a reduced-rate initial consultation.