Relocation can be a challenging issue for divorced parents, especially when it involves moving with a child. Florida law has specific requirements to ensure that the best interests of the child are prioritized. If you’re considering relocation or are facing a relocation request from your co-parent, understanding the legal process is essential. Here’s an overview of the legal requirements and steps involved in handling relocation requests after a Florida divorce (this is not legal advice, and your specific case should be discussed with a qualified Florida family law attorney).
Understanding Relocation Under Florida Law
In Florida, relocation is defined as a parent’s move of more than 50 miles from their current residence, lasting for at least 60 consecutive days. This does not include temporary travel, such as vacations or short-term business trips. If a parent wants to relocate with a child, they must follow a specific legal process to obtain approval.
Legal Requirements for Relocation
- Written Petition to Relocate The parent seeking to relocate must file a written petition to relocate with the court. This petition must include:
- A description of the location of the intended new residence, including the state, city, and specific physical address, if known.
- The mailing address of the intended new residence, if not the same as the physical address, if known.
- The home telephone number of the intended new residence, if known.
- The date of the intended move or proposed relocation.
- A detailed statement of the specific reasons for the proposed relocation. If one of the reasons is based upon a job offer that has been reduced to writing, the written job offer must be attached to the petition.
- A proposal for the revised postrelocation schedule for access and time-sharing together with a proposal for the postrelocation transportation arrangements necessary to effectuate time-sharing with the child. Absent the existence of a current, valid order abating, terminating, or restricting access or time-sharing or other good cause predating the petition, failure to comply with this provision renders the petition to relocate legally insufficient.
- Substantially the following statement, in all capital letters and in the same size type, or larger, as the type in the remainder of 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
- Serving the Other Parent After filing the petition, the relocating parent must serve it on the other parent via a process server. The other parent then has 20 days to file an objection with the court. The objection must be verified and include the specific factual basis supporting the reasons for seeking a prohibition of the relocation, including a statement of the amount of participation or involvement the objecting party currently has or has had in the life of the child.
- Court Approval If the non-relocating parent objects, the court will hold a hearing or trial to determine whether relocation is in the child’s best interests. The court will consider factors such as:
- The child’s relationship with both parents and other family members.
- The reasons provided by both parents for seeking or opposing the relocation.
- The impact of the move on the child’s emotional, educational, and social well-being.
- The feasibility of maintaining the child’s relationship with the non-relocating parent through time-sharing arrangements.
Reaching an Agreement Outside of Court
In some cases, parents can avoid court proceedings by reaching a mutual agreement. If both parents agree to the relocation, they must draft a written agreement that includes:
- Consent to the relocation.
- A revised timesharing schedule.
- Any transportation requirements for the revised timesharing schedule.
This agreement must be submitted to the court for approval, ensuring it aligns with the child’s best interests.
What Happens if Relocation Occurs Without Approval?
Relocating with a child without following the legal process can result in serious consequences, including:
- A factor in making a determination regarding the relocation of a child.
- A factor in determining whether the parenting plan or the access or time-sharing schedule should be modified.
- A basis for ordering the temporary or permanent return of the child.
- Sufficient cause to order the parent or other person seeking to relocate the child to pay reasonable expenses and attorney’s fees incurred by the party objecting to the relocation.
- Sufficient cause for the award of reasonable attorney’s fees and costs, including interim travel expenses incident to access or time-sharing or securing the return of the child.
Seeking Legal Assistance
Relocation cases are often complex and emotionally charged. Whether you are seeking to relocate or opposing a relocation request, it’s crucial to have experienced legal representation to advocate for your rights and the best interests of your child. A family law attorney can guide you through the process, help you prepare your case, and work toward a resolution that serves your family’s needs.
Conclusion
Relocation after a Florida divorce requires careful planning and adherence to legal procedures. By understanding your rights and responsibilities, you can navigate this process more effectively. If you have questions or need assistance with a relocation request, don’t hesitate to reach out to an experienced Florida family law attorney. Together, you can work toward a solution that prioritizes your child’s well-being while protecting your parental rights.
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