When parents share custody in Orlando, Florida, things can get complicated if one parent wants to move to a different city or state. Whether the move is for a new job, to be closer to family, or for another reason, Florida law requires careful consideration of both parents’ rights and the child’s best interests.
At the Law Office of Paulette Hamilton Divorce Lawyers, we help parents who are facing relocation issues. Whether you’re the parent who wants to move or the one trying to stop it, our team is here to guide you through Florida’s legal process and protect your rights. Contact us today at (407) 420-2311 for a free case evaluation with an Orlando move-away lawyer.
Why Choose the Law Office of Paulette Hamilton Divorce Lawyers for Help With a Move-Away Custody Issue in Orlando, FL
Relocation cases are often emotional. One parent may believe a move is best for the child, while the other worries about losing time with them. An experienced Orlando family lawyer understands how to balance these concerns while following Florida law.
We can assist with:
- Reviewing your custody agreement and rights
- Filing or responding to relocation requests
- Gathering and presenting evidence in court
- Negotiating new parenting plans
- Representing you in mediation or court hearings
Our legal team has over 15 years of combined experience protecting parents’ rights. Having the right lawyer by your side can help reduce stress and give you the best chance of a fair outcome. Contact our Orlando move-away lawyers for a free case evaluation today.
Florida’s Relocation Law for Parents
Florida law defines relocation as a move of 50 miles or more from your current home for at least 60 days. That includes moves within Florida or to another state.
If a parent wants to relocate with their child in Orlando, FL, and a custody order is already in place, they must:
- Give written notice to the other parent
- Provide details like the new address, reason for the move, and a proposed new time-sharing plan
- File a petition with the court if the other parent objects
If the other parent agrees, the relocation can proceed with court approval. But if they object, a judge will schedule a hearing to decide.
How Courts Decide Move-Away Requests
Judges in Florida must decide whether a move is in the best interest of the child. The parent asking to move must show good reasons for relocating and explain how the move will benefit the child.
The court may look at:
- Why the parent wants to move
- How the move affects the child’s relationship with both parents
- School and community opportunities at the new location
- The child’s preference (if old enough)
- Each parent’s involvement in the child’s life
- Any history of domestic violence or abuse
This is not a quick or easy decision. Judges take their time to weigh all the facts before making a final ruling.
Can a Parent Object to a Relocation?
Yes. If one parent wants to move, the other has the right to object. This is especially important if the move affects their time with the child.
Common objections include:
- The move would harm the child’s education or friendships
- It would damage the bond between the child and the parent staying behind
- The move is not truly necessary
- The parent is trying to limit contact out of spite
If you want to stop a move, it’s important to act fast. The court may assume you agree with the move if you don’t respond quickly.
Possible Outcomes of a Move-Away Case
There are a few different ways a move-away case can end:
- Approval of the move: The judge may allow the relocation and change the parenting plan.
- Denial of the move: The court might say the move is not allowed because it’s not in the child’s best interests.
- Change in custody: If the moving parent goes without the child, the other parent may be awarded primary custody.
- New time-sharing schedule: Courts might set new rules for longer but fewer visits, like during summer or holidays.
Each case is unique, and the outcome depends on many factors.
What if There Is No Court Order?
If there’s no custody order in place, things get even trickier. Technically, either parent could move with the child. But doing so can lead to legal trouble if the other parent objects and files a custody case.
That’s why it’s smart to have a formal custody arrangement before making big decisions like moving. An attorney can help you create a parenting plan that avoids future disputes.
Why Move-Away Cases Are So Difficult
Move-away cases can be challenging because they involve important family changes. One parent wants to move forward in life, while the other worries about losing their connection with the child.
These cases are also emotional for children. They may have to switch schools, leave friends, or spend less time with one parent. Judges want to ensure that any move is truly in the child’s best interests.
Contact Our Orlando Move-Away Lawyers for a Free Case Evaluation
Relocation cases are time-sensitive. If you’re thinking about moving or if your child’s other parent is planning to relocate, speak with an experienced lawyer right away.
At the Law Office of Paulette Hamilton Divorce Lawyers, we’re here to guide you through the legal process with care and compassion. We’ll help you understand your options, protect your rights, and do what’s best for your child.
