Parental Relocation Effectively Advocating for You with Compassion and Integrity

Parental Relocation Attorney in Sarasota

Representing Parents Who Are Moving or Fighting a Move, with Over 20 Years in Florida Family Law

Florida Statute 61.13001 draws a clear legal line: moving a child’s primary residence 50 miles or more from its established location for 60 or more consecutive days triggers the statute. That threshold applies whether the destination is across Florida or across the country, and it applies to any parent or person who holds timesharing or access rights under an existing court order or written agreement. This is a distinct area of family law with its own procedural requirements, separate from routine child custody or timesharing modifications.

We represent parents in relocation matters before the Family Division of the 12th Judicial Circuit Court, which serves Sarasota County. Attorney Paul McDermott has practiced family law for over 20 years and has personally represented more than 2,000 clients through this court. That depth of experience shapes how we approach each case from the first conversation.

We represent parents seeking to relocate with their children and parents opposing a proposed move. Each position carries different legal burdens and requires a different strategy, and we build ours around your specific circumstances and goals.

Not every relocation dispute has to end in litigation. Paul McDermott holds training in collaborative law, an approach designed to resolve disputes without adversarial court proceedings. In relocation cases, that matters beyond the outcome itself. Parents who reach a workable agreement preserve the kind of co-parenting relationship that benefits their children long after the move. When collaboration isn’t possible, we’re prepared to litigate fully in Sarasota courts.

Relocation disputes carry strict deadlines. If you’ve received a petition or are considering a move, contact us today at (941) 837-5071 before time-sensitive rights are lost.

Two Legal Paths: Reaching an Agreement or Filing a Contested Petition

When both parents agree to a relocation, Florida law allows them to sign a written agreement addressing the new residence and a revised timesharing schedule. That agreement is submitted to the court for approval, which can make the process faster and less costly than contested proceedings. When parents don’t agree, the parent seeking to move must file a Petition to Relocate with the court that issued the original parenting plan.

What the Petition Must Include

The petition must be formally served on the other parent and on any other person with timesharing or access rights. It must include:

A description of the intended new residence, including city and state
The proposed date of the move
A detailed statement of the reasons for relocating
A proposed post-relocation timesharing and transportation schedule
A copy of any written job offer, if employment is the stated reason for the move

How Florida Courts Evaluate a Contested Relocation

The parent seeking to relocate bears the burden of proving by a preponderance of the evidence that the move is in the child’s best interest. If that burden is met, it shifts to the objecting parent to show the move is not in the child’s best interest. Florida courts weigh several statutory factors in making that determination.

Those factors include the nature, quality, and duration of the child’s relationship with each parent; the child’s age and developmental needs; and the child’s own preference, depending on maturity. Courts also assess whether a revised timesharing schedule can preserve a meaningful relationship with the non-relocating parent, including the cost and practicality of travel. Each parent’s reasons for seeking or opposing the move, any career opportunities available to the objecting parent, and any history of domestic violence or substance abuse are part of the analysis as well.

The 20-Day Objection Window & the Risks of Acting Without a Court Order

A parent served with a Petition to Relocate has 20 days to file a written objection with the court. If no timely objection is filed, the court may approve the relocation without a further hearing, unless doing so wouldn’t be in the child’s best interest. That deadline is firm, and missing it carries real consequences.

Moving a child more than 50 miles without a signed agreement or court order can result in contempt of court proceedings. Courts can also weigh that noncompliance when deciding any future modification to the timesharing schedule. Whether you’re the parent receiving a petition or the one planning a move, acting quickly is important.

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Meet Paul McDermott, Esq. Serving Clients Since 2001

Read more about our compassionate and experienced attorney, and see how McDermott Law Offices can help you.

5-Star Reviews From Clients Like You

"Extremely Efficient"
Paul is a good listener, gave sound advice, didn't waste time, and was extremely efficient, timely and took a sincere interest in representing me.

- David E.
"Personable and Genuine"
He was respectful, experienced, personable, and genuine. Throughout the entire divorce process, I was not once disappointed.

- Teresa H.
"A Terrific Listener"
In addition to his expertise and recommendations, Paul was also a terrific listener, showed compassion (which lawyers rarely do!), and made me feel at ease.

- Andrea M.
"Excellent Legal Expertise"
As you can imagine any divorce is traumatic. Working with Mr. McDermott made the process better. His good listening skills, compassion and legal expertise were excellent.

- Jeffrey H.
"Timely and Responsive"
Paul McDermott is not only patient and understanding of his clients... he'll guide you through the process from beginning to end.

- Carol E.
"Honest and Responsive"
Mr. McDermott provided me with the greatest counseling and representation that I could ask for. I really appreciate his honesty, integrity, and responsiveness.

- Sergio A.
"A Pleasure to Work With"
Paul was very responsive and understanding of individual situations. Was a pleasure working with him!

- Heather L.
"Truly Exceptional"
Mr. McDermott graciously reviewed my case with a sincere interest. I have never encountered a lawyer attorney with his level of professionalism, kindness and empathy.

- Carol L.

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How We Handle Relocation Cases at McDermott Law Offices, PLLC

Every relocation case starts with a thorough conversation. We listen carefully before we advise, because the right legal strategy depends on your circumstances: your child’s age, your current parenting plan, the strength of your reasons for moving or opposing the move, and the relationship between co-parents. That listening shapes everything that follows.

Clients pursue resolution through whatever path fits their situation. Some cases settle through direct negotiation or mediation. Others require contested litigation before the 12th Judicial Circuit Court in Sarasota. We don’t push a preferred method; we match the approach to what actually serves your interests and your child’s stability.

Throughout the process, we prioritize keeping you informed. Relocation cases move quickly once a petition is filed, and you shouldn’t be left guessing about where things stand. Our team’s accessibility and responsiveness are commitments, not afterthoughts, and our knowledge of Florida’s family law system means we can tell you what to expect at each stage.

Compassionately Aggressive
We understand this can be a difficult process; we care for the person behind the case, while still fighting aggressively for your rights.
Responsive and Reachable
You'll never wonder where your case stands; we'll return your calls and walk you through the process every step of the way.
Prioritizing Your Experience
We have served thousands of clients, providing excellent customer service with the utmost integrity.
Serving Clients Since 2001

Paul McDermott has been effectively advocating for clients like you for over twenty years.

Discuss Your Relocation Matter Confidentially

Whether you’re considering a move, preparing to object, or already holding a petition you’ve been served with, we can help you understand your position and your options. We offer confidential consultations for parents at any stage of a parental relocation matter. Statutory deadlines apply from the moment a petition is served, so the sooner you get clear on where you stand, the better.

Paul McDermott and our team bring over 20 years of Florida family law experience to every case, with the flexibility to pursue agreement or full litigation depending on what the situation calls for. Call (941) 837-5071 today to schedule your confidential consultation.

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