Cape Coral Attorney, Scott Morris 1

PARENTAL RELOCATION WITH CHILD LAWYER

Cape Coral Child Relocation Attorney Scott Morris puts his experience as a Child Relocation, Divorce, and Family Law Lawyer to work for those in Cape Coral, Fort Myers, Naples, Bonita Springs, Punta Gorda, Port Charlotte, Immokalee, Labelle, Lee County, Collier County, Charlotte County, Hendry County, and throughout Southwest Florida.

Call 239.772.1635 today to schedule a confidential consultation with Attorney Scott Morris about your legal rights, options and goals involving Child Relocation, Divorce, or other Marital and Family Law issues or disputes.

In Florida, relocation is viewed as a change in the location of the principal residence from the time of the most recent order or modification in the case. When a residential parent seeks to relocate with a minor child it opens the door to what may be the most emotionally charged situation a family law attorney will face. There is a huge advantage to the parties finding an amicable resolution to avoid unneeded conflict.

The relocation statute in Florida underwent significant revisions and as a result Florida statute § 61.13001 governs relocations in Florida. No longer does a parent file a notice of intent to relocate. A parent seeking to relocate must now file a verified petition to seek relocation and supply a copy to all persons entitled to access or time sharing with the child.

The petition for the parental relocation with a minor child must be signed under oath and include in part:

  • A description of the new residence.

  • Address of the new residence.

  • The home telephone number of the intended residence.

  • The date of the intended move.

  • A detailed statement of the specific reasons for the proposed move.

  • A proposal for the revised relocation schedule including transportation arrangements.

The non-relocating parent then has twenty days to file a written response objecting to the relocation and if a response is not timely filed, it is presumed that the relocation is in the best interests of the child and should be allowed. (It is important to note here that different courts may view this aspect, and process, differently than the reader does).

A parent should never attempt to relocate with a minor child prior to obtaining either a written agreement with the other party or court permission.

If an objection to the child relocation request is filed within the appropriate time, the case will then be heard by a judge, who may consider the following factors in reaching his or her decision:

  • Nature of involvement and length of relationship with each parent, siblings, and other people in the child's life.

  • Age of the child and developmental needs, and the likely impact the move will have on the child.

  • Feasibility of preserving the relationship with the non-relocating parent through substitute arrangements.

  • Child's preference.

  • If relocation will enhance the quality of life for the child and the relocating parent.

  • The motives of each parent.

  • Employment and economic impact of each parent or other person.

  • That the move is sought in good faith.

  • Career opportunities available to each parent.

  • Any history of substance abuse or domestic violence.

  • Any other factor affecting the best interests of the child.

We always provide

"Vigorous Pursuit of our Client's Legal Rights With Integrity and Common Sense."

If have questions or need to address legal issues relating to child relocation, divorce, or other family law needs, seek the legal advice and representation of an aggressive child relocation attorney. At Morris Law Firm, P.A., you will work with an experienced lawyer who is dedicated to protecting the legal rights of those in Cape Coral, Fort Myers, Naples, Bonita Springs, Punta Gorda, Port Charlotte, Immokalee, Labelle, Lee County, Collier County, Charlotte County, Hendry County, and throughout Southwest Florida.

Call 239.772.1635 to discuss your legal rights, options, and needs.

Call 239.772.1635 to discuss your Child Relocation, Divorce, or other Family Law legal rights, options, and needs.

Serving the Cape Coral, Fort Myers, Naples, Bonita Springs, Punta Gorda, Port Charlotte, Immokalee, Lee County, Collier County, and Southeast Florida areas with professional Child Relocation, Divorce, and Family Law Attorney & Lawyer legal services.

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