Family moving into houseThis is the next post in my series on the handling of cases which involve relocating children away from Florida. My last article discussed preparing for a request to relocate. It is important to understand that the Court will want to consider specific information in such matters and that providing details about the proposed move will increase one’s chances. It is important to speak with an attorney to determine whether one’s potential request has merit. In this article I will discuss the process one faces when they are ready to go to Court. If you wish to move your child away from Florida then contact my office today to speak with a Melbourne lawyer.

The process of requesting permission to move will start by filing a Motion with the Court. This is a formal document in which you will articulate why you should be granted permission to relocate. The Motion will explain where it is the parent wants to move, the reasons for which they are making the request, and an explanation of why the move would be in the child’s best interests. The Court will set an initial hearing date and the opposing party will be given the chance to file an Opposition. The parties will typically be required to attend a hearing before the initial hearing date. If there is a reason to expedite the hearing, such as the requesting parent having a pending job offer, then the Judge may be willing to hear the matter sooner than he or she would otherwise.

The initial hearing will consist of oral arguments from each side’s respective attorney. The first hearing is considered “preliminary” in that it generally will not result in the Court’s final decision. One of three outcomes are typically possible. First, the Court could grant the requesting parent temporary permission to relocate the child. A trial would be held at a later date to determine whether the move should be made permanent. Second, the Court could rule that the parent not be given temporary permission to relocate but that a trial will be held in order to determine whether they should be allowed to do so. The final possibility is that the Court could outright deny the request, which would end the matter. How the Court will rule at the initial hearing will be dependent on the specific facts of the case.

Once a trial date is set then each side will conduct discovery. This is the process by which information is gained from the other side for use at trial. Once discovery has been completed the trial will be held and the Court will make its final decision. The process can be complicated from beginning to end and the Court will expect that proper procedures be followed. It is strongly suggested that you hire an experienced attorney to assist you. My office has handled many cases of this type and we know what to expect from the process. Call today to speak with a Melbourne child relocation lawyer.

We also service clients in the Brevard County cities of Titusville, Cocoa, Palm Bay, Grant, Valkaria, and Rockledge, as well as in the Indian River County areas of Fellsmere, Sebastian, Vero Beach, Indian River Shores, and Orchid.

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