Sarasota Parental Relocation Lawyers
Parental Relocation Lawyers Serving Clients In Sarasota County And Manatee County, Florida
Can I move out of state with my child?
Florida law requires Court approval before a parent can relocate with a minor child to anywhere that is more than 50 miles away from your current residence.
There are two ways to get Court approval before relocating:
If both parents sign an agreement allowing the parent to move and file that agreement with the Court or if the parents can’t agree, (meaning one parent does not want the other parent to move) the parent that wants to relocate files something called a “Petition to Relocate with minor child.”
A “Petition to Relocate” is a way to ask the Court to allow you to move more than 50 miles away from your 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. In making this decision, the Court will look to the following factors contained in Florida Statute 61.13001:
- The reasons for the relocation, and the reasons that the non-relocating parent is objecting.
- The quality and amount of time the child currently spends with the non-relocating parent.
- Their age and developmental needs, and how child relocation will affect them.
- How well the relationship between the non-relocating parent and the child will be preserved after the move.
- If the child is old enough, the child’s preference.
- Employment opportunities that parental relocation would provide the parent.
- How the relocation will improve, or decrease the child’s overall quality of life.
- Any other factors that may not specifically be covered by the Statute, but that will have an effect on the Child’s health and well-being.
The Courts also take into consideration the location of the child’s extended family, for example, if both sides of the child’s family all live in the same location out of state, it is much more likely that a relocation will be granted than if the minor child is being moved away from the family.
Typically, the Court will also require both sides to file a proposed “Long-Distance Parenting Plan" Long-Distance Parenting Plans explain to the Court how the parents would like to arrange for transportation of the minor children, how they would like to divide holidays, and how decisions about the minor children are going to be reached.
While challenging, contested relocations can be successful if properly planned and presented to the Court.
If You Have Received A Legal Notice Of Intent To Relocate
If you have received a notice that your former spouse intends to move, you have a very limited time to oppose the relocation. You should contact an attorney immediately.
If you are a resident of Sarasota County or Manatee County and are considering petitioning the court to relocate with your child — or you are seeking to oppose the relocation of your non-custodial child — talk to an attorney at Tobaygo Law in Sarasota. Our attorneys have helped hundreds of clients in family law matters. Visit our website to arrange a consultation with an experienced Sarasota parental relocation attorney today.
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