Aventura Family Law

Petition for Relocation

Notwithstanding the effect of a specific marital settlement or custody agreement regarding relocation with a minor child, a parent may not permanently relocate with a minor child to a location that is more than fifty (50) miles from his principal residence unless he receives the consent of the other parent in writing or obtains Court permission to do so.  Court permission is obtained through the filing of a petition for relocation.  Relocations may be sought on either a temporary or permanent basis. A petition for relocation has specific requirements under Florida statutes, and due to the nature of the relief, the Court must act on these petitions within an expedited time period. There is presently no presumption either favoring or disfavoring relocation.  Consulting with counsel is the best way to assess your particular situation. See, Miller v. Miller, 992 So. 2d 346 (Fla. 3d DCA 2008) (the child’s best interests justified relocation).

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