Bradenton Family LawChild Relocation

Child Relocation

Child Relocation Attorney in Bradenton

Child relocation is one of the most challenging and emotionally charged aspects of family law. Whether a parent seeks to move with their child for a new job, better educational opportunities, or a fresh start, the decision involves legal complexities and significant consequences for both parents and the child. Courts in Florida, including in Manatee and Sarasota counties, prioritize the child’s best interests when determining relocation requests. Understanding the legal framework, the factors courts consider, and the potential challenges can help parents navigate this difficult process with clarity and confidence.

What is Child Relocation?

Child relocation refers to a parent’s request to move with their child to a new location, typically a significant distance away from the other parent. In Florida, relocation is legally defined as moving more than 50 miles from the child’s current residence for at least 60 consecutive days. This law applies to parents who share custody or have time-sharing arrangements.

Legal Considerations for Child Relocation in Florida

  1. Parental Agreement vs. Court Approval
    • If both parents agree to the relocation, they can draft a written agreement outlining the new time-sharing schedule and transportation arrangements.
      If one parent objects, the relocating parent must file a petition with the court seeking approval.
  2. The Best Interests of the Child Standard
    Florida courts prioritize the child’s well-being when determining relocation cases. Key factors considered include:
    • The child’s relationship with both parents.
    • The reason for relocation (e.g., employment, family support, education).
    • The impact on the child’s development, stability, and quality of life.
    • The ability to maintain a meaningful relationship with the non-relocating parent.
    • The child’s preferences, if they are mature enough to express them.
  3. Filing a Relocation Petition
    If parents cannot agree, the relocating parent must file a petition that includes:
    • The proposed new address.
    • The reason for the move.
    • A proposed revised parenting plan.
    • Notice to the non-relocating parent, who has 20 days to respond.

Challenges and Defenses Against Relocation

Common Challenges to Relocation

  • The non-relocating parent may argue that the move disrupts the child’s stability and routine.
  • Courts may deny relocation if it alienates the other parent or negatively impacts the child’s well-being.
  • The burden of proof is on the relocating parent to demonstrate that the move is in the child’s best interest.

How Non-Relocating Parents Can Contest a Move

  • File a formal objection emphasizing the child’s need for both parents.
  • Provide evidence that relocation is not in the child’s best interest.
  • Present an alternative solution that allows the relocating parent to meet their goals without moving.

The Role of a Family Law Attorney in Child Relocation Cases

Legal Representation for Relocating Parents

  • Drafting and filing the relocation petition.
  • Negotiating an agreement with the other parent.
  • Presenting evidence that the move benefits the child.

Legal Representation for Non-Relocating Parents

  • Filing an objection and presenting counterarguments.
  • Demonstrating how relocation negatively affects the child’s relationship with them.
  • Negotiating an alternative time-sharing arrangement.

Child Relocation and Other Family Law Matters

Modifications to Custody and Time-Sharing Agreements

  • Relocation often requires modifying existing custody agreements, which can be complex and contentious.
  • A family law attorney can help draft a new plan that meets legal requirements.

Impact on Child Support

  • Relocation can affect child support obligations due to changes in time-sharing arrangements.
  • Courts may adjust support payments accordingly.

How McNary Powers Can Help

We understand that child relocation cases are highly sensitive and emotionally challenging at McNary Powers. With our commitment to honesty, integrity, and compassionate advocacy, we help parents navigate these challenges while prioritizing the child’s best interests. Serving Bradenton, Lakewood Ranch, and Sarasota, we provide personalized legal counsel to ensure the best possible outcome for your family.

Conclusion

Child relocation involves complex legal issues that require careful consideration and skilled representation. Whether you are seeking to relocate or opposing a move, working with an experienced family law attorney is essential. McNary Powers is here to guide you through the process with professionalism and compassion, ensuring that your child’s well-being remains the top priority. Call us at (941) 345-1662 today to schedule a consultation.

Get in Touch

Your peace of mind is our priority.
Message us or call us at (941) 345-1662 today.

    Manatee Chamber
    Bradenton's Best
    SRQ Elite Top Attorneys