How to Settle Your Child Relocation or Change of Domicile?
Separation is causing serious stress to families across Florida, especially since parties involved have to settle child relocation issues. It is…
There is a multitude of reasons the primary parent of a child will have to move to a new location with the child. A job relocation, familial obligations, and a new job entirely are just a few of the common causes of a significant move. When the parents of a child/children are divorced or do not live together, and the primary parent is facing a possible change in residence, what are the procedures and allowances that need to be followed? Florida law is very specific in outlining what a parent can do to relocate a child to an alternate jurisdiction. Relocation, or change of domicile of a child is often petitioned along with determinations of child custody and other parenting determinations, such as visitation. A parent cannot just leave the current home state of the child with said child without legitimate reasoning because the non-custodial parent still has a right to have meaningful contact with the child. If a parent wants to move more than 50 miles from the other parent, he or she must petition the court for permission. Many factors are pertinent to the judge’s decision in granting the relocation, but an effort by one parent to deny parenting time to the other parent by moving further away is a key factor.
Putting the child/children’s best interests first is at the heart of the relocation or change of domicile ruling. Expert Family Law Attorneys, like the Marquez-Kelly Law Firm, must present Family Law Judges with evidence of key determination components. Chief among determining factors is the concern that the non-custodial parent will be able to maintain a parenting relationship. If the relocation is considerably far, matching the same amount contact with the non-custodial parent as before the move can cost a lot of money and travel time. The court will take these factors into account when a petition for relocation is considered. History of domestic violence will also be a key factor, as well as what the non-custodial parent can offer to the children in the way of meeting the needs of the children’s regular activities. In some cases, the parents of the child/children may come to an agreement about the relocation in a written document that lays out the terms and specificities of the move and revised custody agreements. In this case, the agreement would need to include that both parents agree to the terms in the document, a time-sharing schedule for the non-custodial parent, and how the parents will deal with transportation of the child for visitations. This is the easiest and least time-consuming route for a relocation agreement, but it is not the only option. If the non-custodial parent fights the relocation, the determination will be made in a hearing or trial. Any petition involving where a child lives and how much time they get to spend with each parent is always a sensitive issue to discuss, and everybody wants the best possible outcome for the child’s best interest. The attorneys with Marquez-Kelly Law Firm will lessen your concerns by handling these cases with care and determination.
Attorney Marquez-Kelly is a graduate of Bishop Verot Catholic High School, in Fort Myers, FL. She earned her degree in B.S. in Legal Studies from the University of Central Florida in the year 2002.
Sabrina is great .
Before I retained Mellany, I was getting nowhere with my first lawyer. My kids were being kept from me, and every time I went to court, I would lose. After I retained Mellany, we immediately got started on the things I needed to do. When it was over, I received full custody of my 8 year old and 1 year old. I went from having my kids kept from me to be a father with full custody. Mellany has a great, confident presence in the courtroom. She made me not feel nervous and made me feel confident that she would get the judge to see the truth, and she did. I would definitely recommend Marquez Kelly Law.
“Hi Mellany. Just wanted to let you know that I went in and paid off my balance today. And I want to thank you again. I was going no where until you took over. You got it done. You’re the best. I’ll see you later.”
Ms. Marquez-Kelly was an amazing advocate for our family’s needs at a time when we really needed assistance. Her professionalism and style were very reassuring at a precise time. She was very easy to discuss our case with and we really appreciated the free consultation we had prior to hiring her. I felt at ease and was confident after meeting with her that she was the right attorney for my case. As it turns out, she was definitely the right attorney for us.
Great lawyer!
Separation is causing serious stress to families across Florida, especially since parties involved have to settle child relocation issues. It is…
Great lawyer!
Ms. Marquez-Kelly was an amazing advocate for our family’s needs at a time when we really needed assistance. Her professionalism and style were very reassuring at a precise time. She was very easy to discuss our case with and we really appreciated the free consultation we had prior to hiring her. I felt at ease and was confident after meeting with her that she was the right attorney for my case. As it turns out, she was definitely the right attorney for us.