Relocation of a Parent

SMRL Law Firm serving Sarasota County, Bradenton, Lakewood Ranch, North Port, Venice, & throughout the state of Florida

Once a domestic relations case has been resolved, circumstances may arise where one parent or the other desires to relocate his or her principal place of residence along with the minor child(ren). Such situation is commonly referred to as a relocation case.

Relocation with a child is governed by Florida Statutes 61.13001. This statute sets forth a procedure to be followed when a parent would like to relocate with the child(ren) and also sets forth a number of factors the court should, in the event the parties are unable to agree, consider when deciding whether the relocation should be allowed. If the parents cannot agree to the relocation, the parent wishing to relocate would have to file a Petition for Relocation. They must demonstrate to the court why the relocation is in the best interest of the children and that the parent not relocating will be able to maintain the strength of their relationship with the children following the relocation. The factors addressed by the relocating parent that the court considers in a relocation case include:

  1.  A description of the location of the intended new residence, including the state, city, and specific physical address, if known.
  2. The mailing address of the intended new residence, if not the same as the physical address, if known.
  3. The home telephone number of the intended new residence, if known.
  4. The date of the intended move or proposed relocation.
  5. A detailed statement of the specific reasons for the proposed relocation. If one of the reasons is based upon a job offer that has been reduced to writing, the written job offer must be attached to the petition.
  6. A proposal for the revised postrelocation schedule for access and time-sharing together with a proposal for the postrelocation transportation arrangements necessary to effectuate time-sharing with the child.

The parent not relocating has to respond to the petition and lay out their reasons for objecting to the relocation. If necessary a trial is conducted to determine whether the relocation will take place.

Once a case is resolved, a number of reasons can arise making it desirable for a parent to relocate with the child(ren). Our family law attorneys can assist you in all stages of a relocation case, from beginning to end. Call Syprett, Meshad, Resnick & Lieb at 941-365-7171 or complete the form on this page to get started.