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A parent relocating more than 50 miles for a new job in today's economy has become a common event. Parents may decide to move out of state for another reason, such as finding a place where the cost of living is lower, or special needs children can get better benefits. Over the years it has become more difficult to get court permission to move more than 50 miles from where the child lives. Judges today are encouraging both parents to have equal involvement in the lives of their children.

Under the new law, a petition must be signed under oath that should describe the details of the move, such as date, place, address, and reason why it is on the best interest of the child to relocate. The other parent has 20 days to object. If there are no objections, the parent is free to move. However, if there is an objection, the court will order a speedy trial on the issue. The judge will consider several factors, including:

  • The child's relationship with father / mother trying to move.
  • The age and the child's developmental needs
  • The ability to maintain a close relationship with the child
  • Improved quality of life and opportunities for the child
  • Reasons for the order of removal and reasons for opposition
  • Economic benefit
  • If the parent not requesting the relocation has faithfully fulfilled its obligations of maintenance
  • "other factors" that influence child welfare

For Spanish, please visit us at: Mudanza con Hijos Menores

Dana Pechersky is serving clients as a family law attorney in Broward and Miami-Dade counties, including Weston, Pembroke Pines, Plantation, Davie, Tamarac, Fort Lauderdale, Oakland Park, Lauderhill, Coconut Creek, Dania, Deerfield Beach, Everglades Parkway, Hallandale, Hollywood, Lauderdale Lakes, Pompano Beach, Miramar, Southwest Ranches, West Park, Miami Gardens, Hialeah, Coral Gables, Aventura, Miami Beach, North Miami Beach, Bal Harbour, Sunny Isles, Bay Harbor Islands, Biscayne Park, Doral, Key Biscayne, Miami Shores, Miami Lakes, Miami Springs, North Bay Village, Surfside, and Miami.
Dana Pechersky

by Dana Pechersky

2200 N. Commerce Parkway, Suite 200