Parental Relocation
When separated or divorced parents live apart, circumstances sometimes arise where one parent wishes to move with their child. This is known as parental relocation. Relocation typically means moving a child more than 50 miles away from their current residence for a significant period of time.
Parents may seek relocation for many reasons, such as a new job, family support, educational opportunities, or a change in lifestyle. However, because relocation can greatly affect the other parent’s relationship with the child, Florida requires either mutual agreement or court approval before a move can happen.
At McNary Law, our Bradenton-based family law attorneys help parents in Manatee and Sarasota counties navigate relocation matters with care, clarity, and advocacy.
How Relocation Cases Are Handled in Florida
When one parent wishes to relocate with a child, there are two paths forward:
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By Agreement: Both parents sign a written agreement allowing the move and create a new time-sharing schedule that reflects the change.
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By Court Petition: If the parents cannot agree, the parent seeking relocation must petition the court and provide a detailed explanation of why the move is in the child’s best interests.
The court then considers several factors before making a decision, including:
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The child’s relationship with each parent.
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The impact on the child’s education, stability, and overall well-being.
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The ability to maintain frequent and meaningful contact with the non-relocating parent.
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The reasons for and against relocation.
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The child’s preference, if age-appropriate.
Common Concerns in Parental Relocation
Can I move without the other parent’s consent?
No. Relocating without an agreement or court order can lead to serious legal consequences, including possible contempt of court.
What if the other parent agrees?
If both parents agree to the relocation, the process can be much smoother. A written agreement is filed with the court outlining the new time-sharing schedule and responsibilities.
What if the other parent objects?
If an objection is filed, the court will hold a hearing where both parents present their arguments. The judge will ultimately decide whether the move serves the child’s best interests.
Does the child’s opinion matter?
Yes, depending on their age and maturity, the court may consider the child’s wishes as part of the decision-making process.
Why Legal Guidance Matters
Parental relocation cases are often emotional and complex. The outcome can significantly impact your child’s future and your relationship with them. Having an experienced attorney on your side ensures:
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Your case is properly filed and presented.
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Your rights and parental role are fully protected.
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Your child’s best interests remain at the forefront.
At McNary Law, we approach every relocation case with compassion and a problem-solving mindset. Our team is dedicated to providing clear guidance, strong advocacy, and personalized representation tailored to your family’s unique circumstances.
Serving Families in Bradenton and Sarasota
McNary Law proudly serves families in Manatee and Sarasota counties. We also offer remote services, giving parents flexibility and support no matter where they are in the process.
Contact McNary Law
If you are considering relocation with your child or facing a relocation petition, we are here to help.