After a divorce, one spouse may want to move to another location. The process of relocation can be complicated when children are involved. There are specific rules set in place that may limit or prohibit custodial parents from relocating beyond certain boundaries.
Our Naples child relocation lawyers at Family First Legal Group are equipped to help you understand the rights of custodial and noncustodial parents when it comes to relocating children following a divorce. As judges must balance each parent’s concerns regarding relocation, our attorneys can work with you to present your side of the story to the court.
The legal team at Family First Legal Group can answer your questions about relocating children or any other divorce matter. Call (239) 319-4441 to schedule a consultation. With offices in Naples and Cape Coral, we proudly serve clients in Collier County and Lee County.
What is the Process For Child Relocation in Florida?
Under Florida law, relocation is constituted as a parent moving 50 miles or more from his or her current residence, for at least 60 days. In the event that the two parents cannot reach an agreement on relocation, the parent wishing to move must file a petition to relocate to the court and serve the notification to the other parent.
The court will base its decision upon the whether or not the relocation would be in the best interest of the child.
The factors which the court considers to determine if the move is in the child’s best interest include:
- The preference of the child
- The age and current needs of the child
- The impact that the move will have on the development of the child
- The reasons for and against relocation by either parent
- The cost and logistics of maintaining the visitation rights of the non-locating parent
- The relationship of the child with both parents
- The potential of the move improving the lives of the parent and child
- The compliance of the non-relocating parent in paying alimony and child support
- The existence of any history of substance abuse or domestic violence by either parent
How to Respond to Parental Relocation in Florida
Have you been served with a Petition for Dissolution of Marriage requesting relocation? Or a Petition to Establish Paternity requesting relocation? Relocating with a minor child who lives in the State of Florida currently is governed by Florida Statutes 61.13001. It contains very specific details that must be followed in order to comply with the Legislature's requirements to keep your son or daughter here in Florida.
This is an area of law that can be confusing to licensed attorneys so it is important you do not make an error.
- You MUST respond to the Petition within the time specified on your summons.
- You MUST write an objection in exactly the manner described in Florida Statutes 61.13001 or you can lose your case - just like that.
At Family First Legal Group, we are comfortable providing staged representation, self-service options, and customized solutions for your needs. In the case of relocation, you must heavily weigh the risks of self-representation as the potential negatives can be permanent and life-changing. Please contact us if you have received any of these petitions. We can help make sure there are no missteps along the way.
Contact Our Experienced Legal Team Today
If you are a parent who is seeking to relocate with your child after divorce, our Naples child relocation attorneys can help you present a case that proves that the move is in your child’s best interest. Alternatively, if you are in danger of losing your visitation rights due to your former spouse attempting to move away with your child, we can help you defend your child’s best interest to stay.
Our lawyers can help parents in Naples and Cape Coral understand the relocation process and work with you to get the results that are in the best interest of your children. Call us today at (239) 319-4441.
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