The Law Offices of Brian M. Moskowitz - Divorce Lawyers Serving South Florida

After a divorce, the individuals involved usually want as little to do with one another as possible. If the couple do not have any children, this is typically easy to accomplish. When a child is involved, however, the lives of the former spouses remain intertwined in their role as parents. Until all shared children reach the age of at least 18, both parents are required by law to play some role in the child’s life. Legally, that role includes both financial support and a commitment to be a physical presence in the child’s life.

If you are a Florida parent who wishes to relocate or if you are a parent being faced with the relocation of your former spouse, consulting with a relocation lawyer is an absolute necessity.

At the Law Offices of Brian M. Moskowitz, we have over a decade of experience handling family law matters. We will examine your situation and protect your rights. As a divorced single parent, divorce attorney Brian Moskowitz understands firsthand the issues facing you and he will personally handle your case.

Contact us today by phone at 561-369-4481 or by filling out our online form. We do our very best to return your phone call the same day but at a minimum we promise to return your call within 24 hours. From our offices in Boynton Beach, Boca Raton and West Palm Beach, we provide family law services to individuals throughout the state of Florida, including the South Florida communities of Boynton Beach, Boca Raton, Delray Beach, Lake Worth, Wellington, West Palm Beach, Palm Beach and all of Palm Beach County.

When both parents reside in a relatively close geographic area, this arrangement can be relatively uncomplicated. Unfortunately, it is not uncommon for one or both individuals to consider relocation as part of their attempt to move forward in their own lives. This desire to move, for personal reasons or for greater opportunity, must be dealt with in the context of parental obligations.

In an effort to address the needs of minor children, as well as to maintain a degree of fairness to both parents, the state of Florida has enacted a relocation statute, which outlines very specific procedures that must be followed when a custodial parent is looking to move more than 50 miles away. The statute allows for two means of coming to a resolution.

• Relocation Agreement: The relocation agreement is for situations in which the parents are able to communicate and compromise with one another. Both parents (as well as any other parties with visitation rights) come to a mutually acceptable arrangement regarding the relocation. Once the details are agreed upon, a written agreement to that effect is filed with the court. The agreement must include consent for the relocation, specific details regarding visitation rights, as well as details regarding transportation arrangements for visitation.
• Notice of Intent to Relocate: In cases where the parents are unable to come to a mutual agreement, a custodial parent looking to move more than 50 miles from the current residence must file an “Intent to Relocate” with the court. The Intent to Relocate must contain reasons for the proposed relocation. It also must include a proposed visitation schedule. If the non-custodial parent agrees, the relocation may proceed. If the parent objects, a hearing will be held and the court will weigh all of the factors before making a decision based on what is in the best interest of the child.

In either case, there is always the possibility for misunderstanding and frustration. It is important for both parents to feel as though they have the ability to live their lives as they see fit while keeping the best interests of their children in mind. At the same time, both parents must maintain respect for the rights and responsibilities of the other.

If you are a custodial parent looking to relocate to provide a better life for you and your child, an attorney with experience in family law and child custody can assist you with the Intent to Relocate and a hearing, should that become necessary. If you are a non-custodial parent faced with the possibility that your child may be moved away from you, it is critical that you understand your rights and your options.

At the Law Offices of Brian M. Moskowitz, we believe in doing what it takes and we won’t let anyone take advantage of your situation. In fact, rather than billing hourly like most laws firms, we offer set prices for our legal services including relocation matters. Contact us today by phone at 561-369-4481 or by filling out our online form. We serve all of Florida with a concentration in South Florida including Boynton Beach, Boca Raton, Delray Beach, Lake Worth, Wellington, West Palm Beach, Palm Beach and all of Palm Beach County.

For more specific information, see the 2009 Florida statute pertaining to relocation.