When parents live apart and share time with their children, it is generally expected that both will remain in the area. Sometimes, however, a parent has an opportunity to move away and wants to bring the children with them.
If the move impacts the parental time-sharing arrangement, all parties must give their approval. If a parent or someone else with visitation rights objects, a judge must decide whether they can move with the kids.
These situations can trigger strong emotions and be challenging to resolve. Working with a knowledgeable family attorney can help. Contact a Florida relocation lawyer for representation if you want to relocate or object to your co-parent’s move.
Laws Governing Child Relocation
Florida Statutes § 61.13001 governs the relocation of parents with their children. This law applies when a parent’s new proposed residence is more than 50 miles from where they lived at the time of the last court order.
A parent can move within their current city without seeking permission from the other parent or the court. If they plan to spend extended time away with the child, they should consult with the co-parent and adjust the time-sharing arrangements. However, they do not need written permission or a court order if they will be gone for less than 60 days.
Negotiated Relocation Agreements
The parent who wants to move must inform the other immediately. Ideally, they negotiate a change to the parenting plan and determine how they will manage transportation between the two homes. A Florida attorney can help both parents devise an acceptable relocation arrangement.
The parents and anyone with child time-sharing rights must agree to and sign the written amendment to the parenting plan. Then, they submit it to the court for incorporation into the custody and time-sharing order. When both parents agree to a relocation, the court can assume it is in the child’s best interests and will not hold a hearing on the issue.
When a Parent Objects to Relocation
If the parents cannot reach an agreement, the one who wants to relocate must file a petition with the court. This must include:
- The intended date of relocation
- A proposed revised parental time-sharing plan
- A plan for transportation of the child or the parent staying behind to spend time together
A Florida lawyer can help a parent draft a petition for relocation and serve it to the court, the co-parent, and anyone else with time-sharing rights.
The court will hold a hearing on the parent’s relocation request, and the judge will try to determine whether the move is in the child’s best interests. Some of the considerations the judge will look at include the following:
- Quality of the child’s relationships with each parent, sibling, and others that a move might impact;
- The child’s age, development, and the move’s effect on their physical, emotional, and educational needs;
- Whether the parent remaining behind has been actively involved in the child’s life;
- Financial consequences of the move on the parent and child;
- Whether there has been a history of domestic violence or substance abuse.
If the judge decides that relocation serves the child’s best interests, the court will issue an amended parenting plan reflecting the move. However, if the judge determines that a relocation is not favorable for the child, the parent who wants to move may not bring the child with them.
If the parent decides to relocate without the child, the court might hold a later hearing to adopt a revised parenting plan reflecting the change in custody. A reliable Florida lawyer who understands relocation cases could help their client obtain the best outcome for their situation.
Reach Out to a Florida Relocation Attorney for Legal Support Today
People must move on with their lives after a divorce and that might mean considering opportunities in a new location. When children are involved, relocating can become much more complicated.
The diligent team at The Florida Probate & Family Law Firm can provide valuable guidance whether you are the parent who wants to move or the one who wants your child to stay. Reach out to schedule a complimentary case evaluation with a Florida relocation lawyer today.