Parental relocation issues are often complicated. The law is strict and specific in how any relocation may be accomplished. When a custodial parent moves away, it requires major adjustment on all parties involved – parents, children, grandparents and other extended family members.

Relocation disputes are difficult to resolve and litigation can turn this already “hot button” issue into an expensive antagonistic issue that will only weaken the parents’ relationship and cause stress to the child(ren) and other parties involved.

Before going to court, come to mediation and empower yourselves by settling this issue peacefully, thoughtfully, without anger or resentment through creative options that Sanchez and Baietto can provide to help you reach the right choices that will work for all of you.

By resolving this matter patiently, and with careful examination of the best interest of your child(ren), you will feel better about yourself, your ability to problem solve and the example you are setting for your child(ren)

Florida’s New Parental Relocation Statute

Under a new Florida law, strict procedures must be followed in relocation cases. Before moving a child’s principal residence address more than 50 miles away, a primary residential parent (custodial parent) must either: obtain the written agreement of all parties entitled to visitation with the child; or file and serve a Notice of Intent to Relocate.

Relocation by Agreement

The parent who wishes to move away with the child will be allowed to move if he or she obtains the written consent of the other parent and every other person entitled to visitation with the child. An informal agreement between the parents is not enough. The agreement must:

• Be in writing and reflect the agreement to the relocation
• Define the visitation rights for the parent who is not moving (and any other persons who are entitled to visitation)
• Describe, if necessary, any transportation arrangements related to the visitation.
• The agreement must then be ratified by the court.

Notice of Intent to Relocate with a Child

If the primary residential parent wants to move with the child or children more than 50 miles away, he or she must notify the other parent of a proposed relocation – unless the parents have agreed to the move as discussed above. The Notice of Intent to Relocate must list each reason for the proposed move in great detail (better schools, a better job or employment opportunity, financial reasons, increased family support, etc,) and must include a proposed new visitation schedule. The other parent can then agree to or object to the proposed move.

Choose Mediation Over Litigation

Whether you are desperate for relocation or fighting it, mediation can help all people with an entitlement to visitation with the child(ren). We understand the rights and obligations under the new Florida Statute and can provide a thoughtful examination of the specific factors outlined in Florida law and can provide creative options to help parents and extended family members see a “bigger picture” for the future and how the best interest of the child is served in that picture.

Empower yourselves by settling this issue peacefully, thoughtfully, without anger or resentment through creative options that Sanchez and Baietto can provide to help you reach the right choices that will work for all of you.