Child Relocation Lawyers in Naples, FL

Customized Legal Services for Families in Collier County & Lee County

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.

Understanding Common Reasons for Child Relocation

In Florida, child relocation refers to when a parent with custody or visitation rights plans to move to another county, state, or country. Here are common reasons considered valid for relocation after divorce:

• Job Opportunities: If the relocating parent has found a better job or career advancement opportunity in the new location.
• Education: Moving to provide the child with better educational opportunities, such as enrolling in a superior school or educational program.
• Family Support: To be closer to extended family who can provide emotional or practical support to both the parent and child.
• Health Reasons: Relocating to a location with better medical facilities or climate conditions beneficial for the child's health.
• Safety Concerns: Moving to escape from dangerous or unhealthy environments that pose a risk to the child's well-being.
• Quality of Life: Seeking a better quality of life for both the parent and the child, which may include lower cost of living, better housing, or recreational opportunities.
• New Relationship: If the relocating parent is entering into a new relationship or marriage and wishes to live with their new partner.

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 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 Effectively Respond to a Relocation Petition 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 Naples Child Relocation Attorneys for Assistance

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.