If you find yourself in a situation in which you need to move, and the custody of your child is the subject of a court order, there are certain steps you must take. First, go out and retain the services of a skilled South Florida child custody attorney. Even if the relocation is one made as a result of financial necessity (such as a sole income earner’s involuntary job transfer) or is entirely out of your control (such as a deportation), the law nevertheless says that you must go to court and file a petition requesting to relocate with the child. The court will assess the evidence and determine whether or not the move is in the best interest of the child. It is important that you wait until your petition is granted before making the move.
The case of S.B. and J.B. was an example of this type of dispute. The parents were divorced spouses who shared custody of a minor child. The divorce took place while the mother was pregnant, and the divorce settlement agreement stated that the unborn child would reside primarily with the mother.
Some time later, though, the mother’s new husband received a job transfer to South Florida. Unable to find a new job near home, the husband accepted the transfer, and the family planned to move to South Florida. The mother asked the court to approve the relocation. The court in these parents’ case ordered the parents to attempt to work out their timesharing issues on their own. S.B., even though the court hadn’t issued a relocation order, moved the child to South Florida anyway. This relocation led the couple to return to court. The judge denied the mother’s request to relocate the child. In addition, the judge also modified timesharing, ordering that the child reside primarily with the father. Specifically, the court awarded the father 70% timesharing.