Best Relocation Lawyers in Homestead, Florida

When a Homestead move requires court approval

In Florida, a parent’s move with a child may trigger the legal process for parental relocation if it changes the child’s principal residence by at least 50 miles for at least 60 consecutive days. The distance is measured from the residence specified by the statute, not simply by driving time. Temporary absences for vacation, education, or medical care generally do not count.

Homestead is in Miami-Dade County, where family cases are handled in the Eleventh Judicial Circuit. A move from South Dade to another part of Florida, another state, or another country may affect school arrangements, travel costs, and the existing time-sharing schedule. A move that falls below the statutory threshold may still be affected by a parenting plan or court order.

When the statute applies, parents generally need a qualifying written agreement or a court order before relocating the child. A parent seeking to move must usually file and serve a sworn petition at least 30 days before the proposed move.

When a Homestead parent may need a relocation lawyer

• A planned move may cross the 50-mile threshold. A lawyer can assess the statutory distance, the relevant starting address, and whether the 60-day requirement applies.
• The other parent objects to a move out of South Dade. Legal help can focus evidence on the child’s interests, including schooling, family connections, and the practical effect on time-sharing.
• The proposed move is to another state or country. A lawyer can address travel arrangements, communication, and a workable replacement schedule within the Florida case.
• The other parent has filed an objection. The objecting parent generally has 20 days after service to file a written objection. Missing that deadline can affect how the case proceeds.
• The move is urgent or the 30-day notice period is not possible. A lawyer can explain what to file and how to document the circumstances, without assuming that urgency itself authorizes a move.
• An existing parenting plan no longer fits the family’s circumstances. A lawyer can address proposed changes to time-sharing and transportation alongside the relocation request.

Florida laws that govern child relocation

Florida Statutes section 61.13001, Relocation with a Child. This statute sets the distance and duration threshold, petition and notice requirements, objection procedure, and factors the court considers. It took effect on October 1, 2006.

Florida Statutes section 61.13, Support of Children; Parenting and Time-Sharing; Powers of Court. This statute governs parenting plans and the child’s best interests. Those principles matter when a court evaluates a proposed move and its effect on the parent-child relationship.

Miami-Dade cases are handled through the Eleventh Judicial Circuit and the Miami-Dade Clerk of the Courts. Filing and hearing arrangements depend on the case and the court’s current procedures.

Frequently asked questions about child relocation in Homestead

What counts as relocation under Florida law?

Generally, it is a change in the child’s principal residence of at least 50 miles for at least 60 consecutive days. The statute excludes certain temporary absences, such as vacation, education, and medical care. The specific facts and statutory starting point matter.

Does the relocation law apply to a move within Homestead?

Often, a move within Homestead will not meet the 50-mile threshold. However, a parenting plan or court order may still affect where the child lives or how time-sharing works. Check the existing order before changing arrangements.

Can I move with my child before the court decides?

Do not assume that filing a petition gives permission to move. When the statute applies, a parent generally needs the other parent’s qualifying written agreement or a court order before relocating the child.

What if the other parent agrees to the move?

Florida law allows relocation by agreement when statutory requirements are met. Put the agreement in writing and confirm whether it must be filed or approved in the existing case. A lawyer can help ensure the agreement addresses time-sharing and transportation.

How much notice must I give?

A parent seeking relocation generally must file and serve the petition at least 30 days before the proposed move. If circumstances prevent that much notice, the parent should file and serve as soon as possible and explain why the full notice period was not possible.

How long does the other parent have to object?

The other parent generally has 20 days after service to file a written objection. If no timely objection is filed, the court may be able to decide the request without a hearing, but approval is not automatic.

What does a judge consider when deciding whether to allow a move?

The court considers the child’s best interests and the statutory relocation factors. These can include the reasons for the move, the child’s relationship with each parent, and whether a realistic time-sharing schedule can preserve those relationships.

Can I request relocation for a temporary job or family emergency?

The statute generally excludes some temporary absences, but a temporary move can still raise issues under an existing parenting plan or order. Explain the duration, reason, and proposed arrangements to a family-law lawyer before changing the child’s residence.

Do I have to hire a lawyer?

No, a parent may represent themselves. However, relocation cases involve strict notice and filing requirements, and the court may need detailed evidence about the proposed move and revised schedule.

How much does a relocation lawyer cost in Homestead?

There is no standard local fee. Costs depend on the lawyer’s rates, the amount of preparation, and whether the case settles or requires hearings. Ask for a written fee agreement and an explanation of likely additional costs.

How long does a relocation case take?

The 30-day notice period and 20-day objection period are statutory deadlines, not a guarantee of a final decision within that time. The overall schedule depends on the court calendar, the issues in dispute, and whether the parents reach an agreement.

Official resources for Homestead relocation cases

• Eleventh Judicial Circuit of Florida: Provides information about Miami-Dade family court divisions, court procedures, and available court services.
• Miami-Dade Clerk of the Courts: Handles court filings and case records for Miami-Dade County, including family cases.
• Florida Courts: Provides official family-law forms and information for people handling court matters, including relocation-related forms.

Steps to find and hire a Homestead relocation lawyer

1. Review your current court order and parenting plan. Gather the latest time-sharing order, any prior relocation filings, and relevant written agreements before contacting lawyers.
2. Confirm the proposed move’s details. Within a day or two, note the current and proposed addresses, expected moving date, duration, reason, and likely travel arrangements.
3. Contact several Miami-Dade family-law lawyers. Ask whether they handle contested child-relocation cases in the Eleventh Judicial Circuit and schedule consultations promptly, especially if a deadline is approaching.
4. Ask about experience, strategy, and fees during consultations. Request an explanation of the process, likely filings, billing method, retainer, and possible additional costs before signing an agreement.
5. Check deadlines and service requirements with the chosen lawyer. If relocation is planned, act early enough to address the usual 30-day filing and service requirement and any response deadline.
6. Organize evidence for the case. Prepare records about the move’s reasons, housing, employment, schooling, the child’s connections, and a practical revised time-sharing plan.