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TAMPA DIVORCE LAWYER BLOG |
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PARENTAL RELOCATION LAW
In order for the requirements of
Florida’s Relocation
Law to apply, the change of location with the child must be at
least 50 miles from that residence, and for at least 60
consecutive days not including a temporary absence from the
principal residence for purposes of vacation, education, or the
provision of health care for the child.
Most often the issue of relocating with a minor child arises
after a
Final Judgment of Divorce has been entered or a Final
Judgment of Paternity has been signed by the Court. and one
party desires to relocate with the minor child more than 50
miles from their residence that existed at the time the Final
Divorce or Paternity Judgment is entered.
The parent seeking to relocate with the minor child can do so by
either obtaining the other parent’s written consent, which is
put in the form of an agreement, or by obtaining prior court
approval following a contested hearing.
If an agreement is reached between the parties concerning the
relocation of the minor child, the written agreement should:
1. Reflect the parties consent to the relocation
2. Define an access or time-sharing (custody) schedule for the
non relocating parent
3. Describe any transportation arrangements related to access or
time-sharing
The parents relocation agreement should be presented to the
court so that an order can be entered by the court that approves
and ratifies the parties’ agreement. The court order will allow
the parents to seek enforcement of the relocation agreement in
the even there are matters of non-compliance with the agreement
that arises between the parties.
Under Florida law, unless there is an agreement between the
parents allowing the relocation, the parent seeking to relocate
must file a petition to relocate and serve it upon the other
parent .
The Petition to relocate must be signed under oath and include:
1. A description of the location of the intended new residence,
including the state, city, and specific physical address if
known.
2. The mailing address of the intended new residence, if not the
same as the physical address, if known.
3. The home telephone number of the intended new residence, if
known.
4. The date of the intended move or proposed relocation.
5. A detailed statement of the specific reasons for the
proposed relocation. If one the reasons is based upon a job
offer that has been reduced to writing, the written job offer
must be attaché to the petition.
6. A proposal for the revised post relocation schedule for access
and time-sharing with the child.
7. The following statement in all capital letters must be typed
in the Petition:
A RESPONSE TO THE PETITION OBJECTING TO RELOCATION MUST BE MADE
IN WRITING, FILED WITH THE COURT, AND SERVED ON THE PARENT OR
OTHER PERSON SEEKING TO RELOCATE WITHIN 20 DAYS AFTER SERVICE OF
THIS PETITION TO RELOCATE. IF YOU FAIL TO TIMELY OBJECT TO THE
RELOCATION, THE RELOCATION WILL BE ALLOWED, UNLESS IT IS NOT IN
THE BEST INTERESTS OF THE CHILD, WITHOUT FURTHER NOTICE AND
WITHOUT A HEARING.
If the parent seeking to relocates fails to comply with the
requirements of Florida Statute 61.13001, the Petition to
relocate may be deemed to be legally insufficient.
Under the Florida law, the court evaluate all of the following
factors when one parent seeks to relocate with the minor child
and the other parent does not agree:
(a) The nature, quality, extent of involvement, and duration of
the child’s relationship with the parent or other person
proposing to relocate with the child and with the non-relocating
parent, other persons, siblings, half-siblings, and other
significant persons in the child’s life.
(b)The age and developmental stage of the child, the needs of
the child, and the likely impact the relocation will have on the
child’s physical, educational, and emotional development, taking
into consideration any special needs of the child.
(c)The feasibility of preserving the relationship between the
non-relocating parent or other person and the child through
substitute arrangements that take into consideration the
logistics of contact, access, and time-sharing, as well as the
financial circumstances of the parties; whether those factors
are sufficient to Frost a continuing meaningful relationship
between the child and the non-relocating parent or other person;
and the likelihood of compliance with the substitute
arrangements by the relocating parent or other person once he or
she is out of the jurisdiction of the court.
(d)The child’s preference, taking into consideration the age
and maturity of the child.
(e)Whether the relocation will enhance the general quality of
life for both the parent or other person seeking the relocation
and the child, including, but not limited to, financial or
emotional benefits or educational opportunities.
(f)The reasons each parent or other person is seeking or
opposing the relocation.
(g)The current employment and economic circumstances of each
parent or other person and whether the proposed relocation is
necessary to improve the economic circumstances of the parent or
other person seeking relocation of the child.
(h)That the relocation is sought in good faith and the extent
to which the objecting parent has fulfilled his or her financial
obligations to the parent or other person seeking relocation,
including child support, spousal support, and marital property
and marital debt obligations.
(i)The career and other opportunities available to the
objecting parent or other person if the relocation occurs.
(j)A history of substance abuse or domestic violence as defined
in s.741.28or which meets the criteria of s. 39.806(1)(d) by
either parent, including a consideration of the severity of such
conduct and the failure or success of any attempts at
rehabilitation.
(k)Any other factor affecting the best interest of the child or
as set forth in s. 61.13.
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