Planning a move can be a stressful experience for any person. If you are parent relocating with your child, this stress can be exacerbated by Florida law.
Relocation Laws in Florida
If you are a parent currently involved in time-sharing or custody proceedings (such as divorce or paternity actions) in Florida, or if an order regarding time-sharing has already been entered by a Florida Court, you may be required to comply with Florida Statute 61.13001 BEFORE relocating more than 50 miles away with your child.
Relocation can be accomplished either by a written agreement between both parents or by petitioning the Court for approval. Upon filing a petition for relocation, the Court will consider factors such as:
- The nature of the child’s relationship with each parent, any siblings, or any
other significant persons in the child’s life. - The age and needs of the child, and the impact the relocation will likely
have on the child. - Whether the relocation will enhance the quality of life for the parent or
child. - The reasons for the relocation.
- Whether the relocation is sought in good faith.
- A history of substance abuse or domestic violence by either parent.
The granting of a request to relocate can effect the amount of child support a person pays or receives, the parenting plan, and the timesharing schedule.
Courts are required to prioritize relocation cases on their dockets. A temporary hearing on a parent’s request to relocate must occur no later than 30 days after the motion is filed. If notice is given to set a relocation case for trial, the trial must occur no later than 90 days after the notice is filed.
If you fail to comply with Florida law, and relocate without a written agreement with the other parent, or without first receiving approval by the Court, the Court may find you in contempt or compel the return of the child. Failure to comply with the law may also be a factor in any subsequent court proceedings involving the child.
Relocating or moving with your child is not a simple matter. The statute has strict requirements for the person requesting the move, as well as for the other parent, particularly if that person objects to the move. Please contact our divorce law office at 904- 353-7733 if you have any additional questions or concerns regarding Florida’s relocation law.