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What To Do When Florida Custody Orders Need To Be Changed

It is not uncommon that at some point after a divorce, circumstances for one or both of the parents will change. This may mean that one parent will want to relocate with a child and may need to seek a parenting plan modification.

At the Law Office of Ada M. Barreto, P.A., in Miami, our attorney and her team understand that careers change. We also know that children need to have both parents involved in their life. We will partner with you to ensure that any changes to the schedule work for you and your child or children.

What Determines Whether A Custody Modification Is Allowable?

Some things in life cannot be helped. When one parent is offered a better employment opportunity, this may necessitate the need for that parent to move closer to the job. The court will consider other factors when a modification to a custody plan is requested. These include:

  • The impact of the move on the child or children
  • The impact of the move on the child-parent relationship
  • The child’s preference
  • Whether the move is necessary to improve the financial or life conditions of the parent or child
  • Whether the other parent is for or against the relocation and why
  • The history of the relationship of the parent and the child

Moving somewhere temporarily for your child’s education, for a vacation or for obtaining medical care is not a typical reason to seek a modification as they are not permanent parental relocations.

Custodial Vs. Noncustodial Relocations And Out-Of-Court Agreements

If your child lives with you the majority of the time and you wish to move farther than 50 miles from your current location for at least 60 days, it is important to consider the pros and cons of such a move on your child and your child’s relationship with the other parent.

If you are the noncustodial parent and wish to move farther away, this will affect the amount of time you are able to spend with your child or children. Again, a careful analysis is crucial. Will this move benefit you and your child? How will it alter your parenting time? Whether you are the parent who is moving or not, we can help you understand your rights, options and obligations.

We can also help you craft your modification request and create a new parenting plan that works. Moving without court approval can put you in contempt of court and is never advised. If you and your ex agree to the terms of the relocation, we can file a contract and request ratification without a court hearing.

Let’s Talk About How The Relocation Will Affect Your Child

We know that nothing is more important to you than your child’s well-being. Attorney Ada M. Barreto and her team will work with you to ensure that this stays the No. 1 priority. We can also help you understand whether or not a modification is something worth seeking or fighting. Find out more in a consultation. Call 305-709-5725 or email the office with your relocation concern.