Objection to Child Relocation
In today’s fast paced world, it is not uncommon for situations to change after a divorce or parenting plan is entered establishing parental rights or timesharing. Parents might want to pursue an out of state job or relocate to be with a new significant other. While a relocation might be good for a parent, it might not be in the best interest of the child. The child and the non-relocating parent’s relationship could be forever harmed if the distance is increased between a parent and child and the right precautions are not made.
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In order to relocate a certain distance with a child, a parent must obtain permission from the other parent or a court order authorizing the move. If you have been served papers requesting a relocation for a parent to move and you object to the relocation, it is important that you consult an attorney immediately so that your rights are protected. Depending on the parenting plan in place, if a parent does not file an objection to child relocation within a certain time, the court may authorize the relocation.
Contested Relocation Lawyer
If you need assistance filing your objection to child relocation, our firm represents parents in contested relocation matters. We have experience litigating cases where a parent objects to a parent’s petition to relocate that was filed pursuant to an existing timesharing order or pursuant to Florida Statute 61.13001. Sometimes contested relocation matters can be difficult and complex areas of the law so it is wise to speak to a Boca Raton family law attorney about your objection as soon as you are served papers or become aware of the relocation possibility. We work closely with our clients contesting the relocation to present evidence to the Court about why the relocation is not in the best interest of the children.
Factors to Determine Contested Relocation
After an objection to child relocation is filed, the Court will evaluate factors to determine whether to authorize the parent to relocate with the child over the objection to child relocation filed by the non-relocating parent. Some of the factors the Court will consider are:
- The nature, quality, extent of involvement, and duration of the child’s relationship with the parent proposing to relocate.
- The age and developmental stage of the child.
- The feasibility of preserving the relationship between the child and the non-relocating parent.
- Whether the Relocation will enhance the quality of life for both the parent and other person seeking the relocation.
- The current employment and economic circumstances of the parents.
- The reasons each parent or other person is seeking or opposing the relocation.
- Career and other opportunities available to the objecting parent or other parent if the relocation occurs.
- Whether the relocation is sought in good faith.
- Other factors not listed.
Objection to Child Relocation Attorney
Filing a timely objection to child relocation is important or your right to object might be waived. Boca Raton family law attorney Matthew D. Martin offers free consultation for parents who want to file an objection to child relocation.