Polk County Parental Relocation Attorneys
At Mint Law Firm, we understand the emotional and legal complexities that come with parental relocation matters. With years of trial and negotiation experience, our dedicated attorneys have the expertise to navigate the challenges of relocation disputes while prioritizing the best interests of your children. Whether you’re seeking to relocate with your child or contesting a move, our team is committed to providing compassionate, strategic legal guidance to help you achieve a favorable outcome. Trust Mint Law Firm to guide you through every step of this critical legal process with confidence and care.
Parental Relocation Generally
When a parent seeks to relocate, the court must evaluate various factors to determine whether the move is in the best interests of the child and how it will affect the existing parenting plan. Florida law requires that any modification to a parenting plan, including time-sharing schedules, must be based on a substantial and material change in circumstances and must be in the best interests of the child. If a parent moves within 50 miles of the other parent, this move may be considered a substantial and material change in circumstances, potentially justifying a modification to the time-sharing schedule. However, if the relocation is more than 50 miles away, the relocation statute governs, and the court must ensure that the modified time-sharing schedule allows for frequent, continuing, and meaningful contact between the child and the non-relocating parent.
In some cases, the court may grant a temporary order permitting relocation if it is contested, but the final decision will still hinge on the best interests of the child. The court must also ensure that any prospective changes to the parenting plan are based on events that are objectively certain to occur at an identifiable time in the future. This prevents the court from making speculative decisions that could adversely affect the child’s welfare.
Factors Considered
In the context of a parental move, the court considers several factors when determining the best interests of the child. These include the demonstrated capacity and disposition of each parent to facilitate and encourage a close and continuing parent-child relationship, the geographic viability of the parenting plan, and the amount of time to be spent traveling to effectuate the parenting plan. Additionally, the court evaluates the length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity.
In cases where a parent seeks to relocate, the court must also consider the nature, quality, extent of involvement, and duration of the child’s relationship with both the relocating and non-relocating parents, as well as other significant persons in the child’s life. The feasibility of preserving the relationship between the non-relocating parent and the child through substitute arrangements, considering the logistics of contact, access, and time-sharing, are also a critical factors.
Florida statutes explicitly state that no presumption arises in favor of or against a request to relocate with the child if the move will materially affect the current schedule of contact, access, and time-sharing with the non-relocating parent. This means that each case is evaluated on its own merits, with the child’s best interests as the guiding principle.
Your Expert Parental Relocation Attorneys
At Mint Law Firm, we recognize the challenges and emotional toll that parental relocation matters bring to families. With extensive experience in negotiating and litigating parenting plans on account of parental relocations, our skilled attorneys are equipped to handle even the most complex relocation disputes. Whether you’re seeking approval to relocate with your child or need to challenge a move, our team is dedicated to securing the best possible outcome for you and your family.