Considering a Child Relocation or Change of Domicile



One of the issues of child custody is child relocation. A parent starting a new life without a husband or a wife will consider moving somewhere and take the child with him or her. However, a parent cannot simply take the child more than 50 miles away from the current home state. He/She needs to file for a petition in order to get permission to the court.

A parent can file for a petition for child relocation. However, if the parent has a sole legal custody, he/she does not need the court’s permission. If the other parent or the non-custodial parent does not approve the relocation, a trial or hearing must be arranged. On the other hand, if the non-custodial parent failed to respond to the petition for the relocation, the court will allow the change of residence only if it works to the best interest of the child.


Child Relocation or change of domicile is often petitioned along with determinations of custody as well as child visitation. In all child custody issues, the court looks for something that would work for the best interest of the child. They have the right to question whether an arrangement can affect him/her in a worse or better way.

In a relocation case, evidence of key determination components should be presented in the court when filing for a change of domicile motion. These factors may include the parental rights of the non-custodial parent, history of domestic violence, improvement of the child’s quality of life, or parental relationship with the child.

The committed Family Law Attorney of Marquez-Kelly Law understands that parents want only the best for their child so whether you are pursuing the change or oppose to it, we will back you up.

Child relocation issues need to be taken seriously and carefully. Let Attorney Mellany Marquez-Kelly take care of you and your case. She will be committed in helping you every step of the way in order to resolve your issues.

Marquez-Kelly Law near Cape Coral and Fort Myers, Florida, with Attorney Marquez-Kelly, will give you a successful, aggressive legal counsel to meet any challenge in protecting your rights.

We also provide legal assistance to the following:
adoption, domestic violence injunctions, prenuptial and postnuptial agreements, modification of custody / alimony / child support, child custody, minor guardianship, child support and alimony, paternity issues, separation agreement, and same sex divorce and adoption.

Call us at 239-214-0403 a free consultation.

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