Relocation
Some of the hardest decisions a Judge has to make is whether to allow a parent to move with their child(ren) more than fifty (50) miles from their current residence.
If either parent wants to relocate with their child(ren) more than fifty (50) miles from their current residence, you must comply with Florida Statute 61.13001 prior to moving. Florida Statute 61.13001 sets forth the statutory factors used by the Judge to make their decision to permit or not permit the child(ren)’s relocation.
Agreement to Relocate:
If the parents agree to their child(ren)’s relocation, the following should be done prior to the move:
- Agreement signed by the parties allowing the relocation;
- New Parenting Plan (timesharing schedule) in writing between the parents; and
- Court’s approval of the relocation.
No Agreement to Relocate:
If the parents do not agree to their child(ren)’s relocation, the following must be done:
- A Petition to Relocate must be prepared, filed, and served on the parent not relocating.
- The non-relocating parent has twenty (20) days to file a response objecting to the relocation.
- Failure to timely object could result in the Court automatically granting the relocation.
- At the conclusion of the trial, the Judge will make a decision permitting or not permitting the relocation of the child(ren) based on the statutory factors and ultimately what is in the child(ren)’s best interest.
If you are considering moving with your child(ren) more than fifty (50) miles from their current residence or you’re concerned that the other parent is threatening to move with the child(ren) more than fifty (50) miles from their current residence without your consent, then you should immediately call our office at (305) 557-1750 for a FREE consultation. Payment plans available and credit cards accepted.