Attorney for Relocation in Broward and Miami-Dade County
Can I Move After a Divorce?
Relocating After a Divorce
Relocating is always a big decision that requires some planning. However, it is much more complicated if you are a custodial parent with a parenting plan in place. Florida law requires court approval if you are relocating more than 50 miles from the address on your parenting plan and will reside in the new location for at least 60 consecutive days.
You have two options for obtaining approval. First, you can work directly with the other parent to modify the parenting plan and then get it approved by the court. Second, you can file a petition with the court and present your evidence in favor of relocation.
With more than 60 years of combined experience, our relocation attorneys can provide guidance to help you improve your chances of receiving court approval.
Additionally, our firm can provide legal assistance if the other parent is trying to move away with your child. Contact us to explore options such as negotiating the custody agreement or filing an objection with the court.
Factors Courts Consider During Relocation Hearings
The court will consider numerous factors when determining whether to approve or deny a relocation, including the:
- Reason for the move
- Impact on the child
- Relationship with the noncustodial parent
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Why Choose Cabanas Law Firm?
- Fully Bilingual – Our attorneys and staff are fluent in English and Spanish, so you don’t have to worry about the details getting lost in translation.
- Over Six Decades of Combined Experience – Sergio Cabanas, Esq. was admitted into the Florida Bar Association in 1991 and founded the firm in 2006. The firm’s attorneys have more than six decades of combined experience in family law.
- Clients Are the Priority – Our Broward and Miami-Dade County family law & divorce attorneys make each client a priority. We respond to all communications within 24 hours and provide concierge-level client services to busy professionals.
- Certified Mediators – As certified mediators, our attorneys can help clients resolve divorce and family law issues with as little contention as possible.
- Three Office Locations– Cabanas Law Firm has three offices in South Florida. You can meet with an attorney at our Pembroke Pines, Weston, or Sunny Isles Beach office.
Negotiating For Relocation
Our relocation attorneys are also certified mediators and can guide both parties toward a fair and reasonable solution. After reviewing the facts and needs, we can discuss possible options that benefit both parties.
For instance, assume that you want to relocate for a new job opportunity, but the other parent disagrees because of the travel expenses he or she will incur to see the child. You might be able to reach an agreement by providing compensation for travel expenses.
Once you come to an agreement, you and your ex-spouse will need to file it with the court. The filing should also include proposed modifications to the time-sharing plan.
The judge will review it to see if it is in the child’s best interest. If approved, you will be free to relocate.
Petitioning The Court To Relocate
If the noncustodial parent does not consent to the relocation, you will need to file a petition to relocate, along with the proposed modified parenting plan. The noncustodial parent has 20 days to accept or reject the proposal. When objecting, the parent must also include reasons that he or she is against the move.
Next, you will attend a hearing or trial, where you must demonstrate that the move is in the child’s best interests. The judge will review all the evidence before giving a final verdict. If the judge denies the decision, you will not be able to relocate with your minor child.
Because of the complexities of these cases, it is helpful to have an experienced relocation attorney by your side. Our firm can help you prepare the petition and present your case in court.
What Happens If You Relocate Without Consent?
You will violate your parenting plan if you relocate without the court’s approval. Then, you will violate the agreement once again if your relocation impacts the other parent’s time-sharing rights. The court takes such violations very seriously and could amend your time-sharing agreement to award more time with the other parent. Additionally, the change in the time-sharing agreement might impact child support payments and other matters. Thus, this can have far-reaching consequences. As frustrated as you might feel, you do not want to take the law into your own hands. Instead, contact a relocation attorney from our firm for legal assistance.
Defending Against Relocation
Have you received a notice that your ex-spouse intends to relocate with your child? This can greatly impact your parenting time, so you want to prevent it from happening. Our relocation attorneys can file an objection to the move. Then, we can present evidence that demonstrates how the relocation can negatively impact your child. You have limited time to object to the request, so reach out to our firm today.
Why Choose The Divorce & Mediation Law Firm
Highly Responsive – We strive for rapid return calls. No going dark or waiting days to hear back.
We Take Complex and Difficult Cases – This is where tenacity and knowledge of the law matter. We do what’s necessary, even in challenging situations.
Experienced – Our attorneys have had years of experience in handling divorces for doctors, business owners, and executives, and we are 100% dedicated to divorce and family law.
Honesty and Transparency – You’ve made an important decision in your life. We respect you for that. Our approach focuses on efficiency and speed to resolve cases as quickly as we can to get your life back to normal sooner.
Caring & Compassionate (Truly) – We have a personal connection to divorce and family law matters. We know what it takes, even in extraordinarily difficult situations.
Personalized Attention – We understand and respect that every client’s needs are unique. We treat all of our clients with the attention they deserve.
Why Choose The Divorce & Mediation Law Firm
1. Highly Responsive – We strive for rapid return calls. No going dark or waiting days to hear back.
2. We Take Complex and Difficult Cases – This is where tenacity and knowledge of the law matter. We do what’s necessary, even in challenging situations.
3. Experienced – Our attorneys have had years of experience in handling divorces for doctors, business owners, and executives, and we are 100% dedicated to divorce and family law.
4. Honesty and Transparency – You’ve made an important decision in your life. We respect you for that. Our approach focuses on efficiency and speed to resolve cases as quickly as we can to get your life back to normal sooner.
5. Caring & Compassionate (Truly) – We have a personal connection to divorce and family law matters. We know what it takes, even in extraordinarily difficult situations.
6. Personalized Attention – We understand and respect that every client’s needs are unique. We treat all of our clients with the attention they deserve.
Meet Our Attorneys
Sergio Cabanas, Esq.
Managing Attorney & Founder
Laura Grossman, Esq.
Senior Associate Attorney
Ashanti M. Palmer, Esq.
Associate Attorney
Brian Prieto, Esq.
Associate Attorney
Real Clients, Real Testimonials
Professional Associations
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Service Areas
Broward County:
- Pembroke Pines
- Miramar
- Weston
- Cooper City
- Hollywood
- Davie
- Southwest Ranches
- Sunrise
- Plantation
Miami-Dade County:
- Sunny Isles Beach
- Aventura
- Golden Beach
- North Beach
- North bay Village
- Dania Beach
- Hallandale Beach
- Bal Harbour
- Bay Harbor Islands
- Indian Creek
- Surfside
