Child Relocation

Understanding Child Relocation Under Florida Law

In Florida, relocation is defined as moving more than 50 miles from the child’s current residence for at least 60 consecutive days. This applies whether you’re moving across the state or across the country. Florida law (Fla. Stat. §61.13001) requires that any parent wishing to relocate must either:

• Obtain a written agreement from the other parent; or

• File a petition with the court seeking permission to relocate.

Failing to comply with these requirements can result in serious legal consequences, including contempt of court and the potential loss of custody rights.

Legal Standards the Court Will Consider

When a relocation is contested, the court’s primary focus is the best interests of the child. The judge will evaluate several factors, including:

• The child’s relationship with both parents and other family members

• The age, needs, and developmental stage of the child

• The feasibility of preserving the child’s relationship with the non-relocating parent

• The reasons for and against the move

• The impact of the move on the child’s quality of life

• The employment and economic circumstances of both parents

Having an experienced attorney is crucial to building a persuasive case aligned with these statutory criteria.

Common Reasons for Relocation

Relocation cases often arise due to:

• New job opportunities or promotions

• Remarriage or a partner’s relocation

• Educational opportunities

• Proximity to extended family or support systems

• Financial hardship or cost of living concerns

Whether you’re relocating for necessity or opportunity, it’s essential to communicate your reasons effectively and support them with evidence.

How We Help Parents Seeking to Relocate

At McNary Law, we assist relocating parents in:

• Drafting a comprehensive relocation petition

• Preparing compelling evidence of the benefits of the move

• Demonstrating how the relocation serves the child’s best interests

• Negotiating agreements to avoid litigation when possible

We understand the emotional toll and urgency of these cases and advocate vigorously to protect your parental rights and your child’s future.

How We Help Parents Opposing Relocation

If your child’s other parent is seeking to relocate, we can help you:

• Respond to the relocation petition within the 20-day deadline

• Present evidence of the negative impact the move may have on your relationship with your child

• Explore alternatives to relocation or propose modifications to the parenting plan

• Litigate the matter effectively when settlement is not possible

We know how critical it is to preserve meaningful contact with your child and will stand by you every step of the way.

Time-Sharing and Parenting Plan Modifications

A relocation—whether agreed to or court-ordered—often necessitates a revised parenting plan. We can help:

• Draft a new time-sharing schedule that minimizes disruption

• Incorporate virtual visitation or extended holiday visits

• Modify child support if necessary

Our firm also handles other related areas of family law, including child custody, modifications, paternity, and divorce, making us a one-stop resource for all your family law needs in Bradenton and Sarasota.

Mediation: A Better Path Forward?

Many relocation disputes can be resolved outside of court through family mediation. Melinda Delpech, a Florida Supreme Court Certified Family Mediator at McNary Law, helps parents find common ground and avoid the stress of a courtroom battle. Mediation offers a collaborative space to preserve co-parenting relationships while working out mutually acceptable solutions.

Why Choose McNary Law?

McNary Law is rooted in the values of honesty, integrity, and compassionate problem-solving. Based in Bradenton and proudly serving clients throughout Sarasota and Manatee counties, we are deeply committed to:

• Transparent, responsive communication

• Strategic, goal-oriented representation

• Empathetic support through challenging transitions

As your family evolves, let us help ensure your legal strategy does too.

Take the Next Step

Relocation cases move fast—and so should you. Whether you’re trying to move or prevent a move, early legal intervention is key. At McNary Law, we offer focused, experienced representation in child relocation cases that respects your time, your child’s needs, and your rights as a parent.

Click here to send us a message or call us today at 941-345-1662 to schedule a consultation.