A new job or remarriage may require a divorced parent to move to a new neighborhood, a different state or even another country. If the relocating parent wishes to alter the existing time-sharing agreement or parenting plan by moving with the child, this can have a profound impact on the entire family.
In Florida, parents who wish to move out of state with their child — or more than 50 miles away from the child’s current location within Florida — must obtain the other parent’s consent or file a special action with the court to formally modify the existing parenting plan. Failure to follow the law can prevent you from moving. Florida courts resolve parental relocation matters based upon the best interests of the child, and they determine the child’s best interests through an extremely nuanced consideration of several factors.
Parental relocation matters can be highly emotional and contentious. Whether you are pursuing or contesting a proposed relocation, it is vital to have an experienced lawyer who can help you build the strongest possible case. For more than 20 years, the Law Office of Luis E. Insignares has represented clients in Fort Myers and surrounding communities in all aspects of family law, with an emphasis on complex financial and parenting matters such as parental relocation. Contact us to schedule a consultation.
When parents divorce and a time-sharing and parenting plan is established, one parent may go to great lengths to deprive the other parent of his or her parental rights — including moving to another state or another country with the child — simply to spite the other parent, to make it difficult for one parent to enforce a child support order, to find a jurisdiction with more appealing laws, or to escape a domestic violence situation.
The legal channels that must be employed to allow for the child’s safe return can be extremely complex and require a comprehensive understanding of state child custody laws, as well as an intimate familiarity with applicable federal and international laws, such as the Hague Convention.
Attorney Luis E. Insignares is a board-certified marital and family law specialist who has handled some of the most challenging and complex child custody disputes, including those involving international parental relocation and child abduction to countries such as England, Mexico and Guatemala. He has the experience and qualifications to help you resolve these matters in the most efficient and cost-effective manner possible.
Our Fort Myers parental relocation attorneys can help you understand your rights and fight for the best interests of your child. Call us at 239-274-6000 or toll-free at 855-826-7002 to schedule a consultation. Attorney referrals are welcome.
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The Law Office of Luis E. Insignares represents clients in Fort Myers and surrounding Florida communities such as Cape Coral, Lehigh Acres, Gateway, Villas, Fort Myers Beach, Sanibel Island, St. James City, San Carlos Park, Estero, Bonita Springs, Naples, Lee County, Charlotte County and Collier County.
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