Child Relocation Lawyer Stuart

Adult holding child_s hand in green field

When a parent needs to relocate with a child, the legal process requires careful consideration and often court approval. A child relocation lawyer can help ensure that your parental rights are protected while prioritizing the child’s best interests. At Kofsky Law in Stuart, Florida, we assist parents in navigating relocation requests, objections, and the creation of new parenting plans. These cases can be highly emotional, but we work tirelessly to pursue outcomes that preserve important family relationships. Call us today at 561-407-0703 to arrange a free consultation.

Can One Parent Move Out of State with a Child?

When parents separate or divorce, questions often arise about where each parent will live and how custody arrangements will work. For some families, one parent may want or need to move out of Florida, either for a new job, to be closer to family, or for other personal reasons. When a child is involved, however, relocating to another state is not as simple as packing up and leaving. Florida law has specific rules about relocation, and courts carefully evaluate whether the move is in the child’s best interests.

For parents in Stuart and throughout Florida, understanding how relocation works is essential before making any plans.

What Florida Law Says About Relocation

In Florida, relocation with a child is defined as moving more than 50 miles away from the current residence for at least 60 consecutive days. This includes moves outside of Florida as well as in-state moves that exceed the distance threshold. Temporary travel, such as vacations or short work assignments, does not count as relocation.

If parents agree to the move, they can sign a written agreement that includes the new address, the proposed visitation schedule, and transportation arrangements. The agreement must then be submitted to the court for approval.

If parents do not agree, the parent who wishes to relocate must file a petition with the court. This petition is served on the other parent, who has the right to object. The court then reviews the case and makes a decision based on what will best serve the child’s needs.

Filing a Relocation Petition

The relocation petition must include detailed information, such as the intended new address, the reason for the move, and a proposed timesharing schedule that preserves the child’s relationship with the non-relocating parent. It must also outline how transportation for visitation will be handled.

Once the petition is filed, the other parent has 20 days to respond. If they object, the court will hold a hearing where both sides can present evidence and testimony. The judge will then decide whether relocation should be allowed.

How Courts Decide Relocation Cases

The guiding principle in all Florida custody and relocation cases is the best interests of the child. Judges look at a range of factors before granting or denying a relocation request, including:

The child’s relationship with both parents and the impact the move would have on that relationship
The age and developmental needs of the child
The reasons each parent gives for supporting or opposing the move
The opportunities for the child in the new location, such as schools, healthcare, and community resources
Whether the relocating parent has demonstrated good faith in their request
The feasibility of maintaining meaningful contact between the child and the non-relocating parent
Any history of domestic violence, neglect, or substance abuse

These factors show that the court is not simply concerned with the wishes of the parents but with how the move will affect the child’s stability, development, and overall well-being.

Challenges of Out-of-State Relocation

Relocating across state lines can create significant challenges. Travel distances may make frequent visitation impractical, especially during the school year. Long-distance parenting often requires creative solutions, such as extended time during holidays, summer breaks, and the use of virtual communication.

For the non-relocating parent, a move can feel like a disruption of their relationship with the child. Courts take these concerns seriously, which is why relocation cases are often contested and closely scrutinized.

Agreements Between Parents

When parents can cooperate and reach an agreement about relocation, the process is usually smoother. A negotiated agreement can address scheduling, transportation, and ways to maintain regular contact. Courts are generally willing to approve these agreements if they are fair and serve the child’s best interests.

However, agreements should be carefully drafted to prevent future disputes. Specific details about visitation schedules, cost-sharing for travel, and methods of communication should be included. A vague or incomplete agreement can lead to conflicts later on.

Consequences of Relocating Without Court Approval

It is important to note that relocating with a child without following Florida’s legal process can result in serious consequences. A parent who moves without court approval may be ordered to return the child, lose custody rights, or face contempt of court charges.

Because custody orders are legally binding, parents must respect the court’s role in approving relocation. Acting outside the system can damage a parent’s credibility and hurt their case.

Alternatives to Out-of-State Relocation

Sometimes, parents may want to relocate because of financial strain, limited opportunities, or personal difficulties. Before seeking an out-of-state move, it may be worth exploring alternatives that could achieve similar goals without disrupting custody arrangements. For example, seeking new employment within Florida, moving closer to extended family within the state, or adjusting parenting schedules may provide solutions without triggering a relocation dispute.

Why Legal Guidance Is Essential

Relocation cases are among the most complex and emotionally charged matters in family law. The stakes are high because they directly affect a child’s living arrangements and a parent’s ability to maintain a close relationship. Both the relocating parent and the non-relocating parent benefit from legal representation to protect their rights and present a strong case.

Attorneys can assist with drafting agreements, filing petitions, gathering evidence, and advocating in court. Having guidance throughout the process helps ensure that decisions are made with full knowledge of the law and the potential consequences.

Navigate Transitions With a Child Relocation Attorney

When relocation involves children, legal complexities can quickly arise. A child relocation attorney ensures that your rights are represented and that your child’s well-being remains the priority. At Kofsky Law, we provide the legal guidance you need when facing these difficult transitions. Our team is ready to fight for solutions that protect both your rights and your child’s future. Call Kofsky Law today at 561-407-0703 for a free consultation and let us help you move forward with clarity and confidence.