Child Relocation Attorneys In Sarasota
When parents separate or divorce, their child or children is often raised within separate living spaces. In some cases, the change of circumstances may contribute to a wide range of negative effects in children, as childhood stability is an integral aspect of long-term development. To combat these negative effects, Florida courts take serious cases involving the relocation of a child or children by a parent who plans to move to another city, state or country. The attorneys with Tobaygo Law, a Sarasota family law firm, have the experience required to effectively handle all situations of child and parental relocation. Contact us today to discuss your case.
How Does Child Relocation Work?
Florida law requires court approval before a parent can relocate with a minor child to any location that is more than 50 miles away from the current residence or the residence inhabited at the time of the separation or divorce. There are two ways to achieve court approval for relocation. If both parents sign an agreement allowing the parent to move and file the agreement with the court, the request may be approved. In contrast with this, if the parents disagree about the relocation, the parent who seeks the relocation may file a petition.
What Is A Petition To Relocate?
A petition to relocate is a document filed in which requests the legal acceptance by family courts to move more than 50 miles away from the current residence. The concept behind this petition is for the parent who wishes to relocate to formally explain to the court why the relocation would be in the best interests of the child as well as the parent. As such, it’s important that parents who seek to file a petition to relocate contact a divorce attorney. We will help ensure the protection of your rights and the best result possible to your case.
Which Factors Determine Child Relocation?
In making a decision regarding whether to approve or deny a petition or relocate, Florida courts consider the following factors, contained in Florida Statute § 61.13001. The courts may also take into consideration the location of the child’s extended family or support system when determining child relocation. In the majority of cases, the court will also require both sides to file a proposed long-distance parenting plan, which details all child-related matters.
- Reasons for the relocation and objections by the opposing parent
- Employment opportunities associated with the parental relocation
- How the relocation will improve or diminish the child’s quality of life
- The age and developmental and care needs of the child or children
- Relationship preservation between the opposing parent and child
- The child’s preference — if the child is able to determine this
- Previously established child custody and visitation arrangements
- Potential effects to the child and parents of the relocation
What To Do If You Received A Legal Notice Of Intent To Relocate
If you have received a notice that your former spouse intends to move his or her place of residence, you have a very limited time to oppose the relocation request. To best protect your rights, you should contact an experienced family law attorney immediately. If you are a resident of Florida and you are considering petitioning the court to relocate with your child — or if you are seeking to oppose the relocation of your non-custodial child — consult the expertise of an attorney with our firm for comprehensive legal counsel for your case.