| Relocation |
 |
A primary residential parent may plead for relocation in a Florida divorce action, or may choose to bring a separate petition for relocation at a later time, pursuant to a recent Florida statute, effective October 1, 2006. Fla. Stat. § 61.13001. The desire to relocate with a child has clear implications on the non-custodial parent, and Florida law sets forth a procedure by which former spouses may either (1) agree to the relocation of the primary residential parent with the child by signing a written agreement, or (2) go through court procedures in which both parents are given the opportunity to litigate the issue, whereby the Florida court ultimately determines whether relocation of the primary residential parent is in the best interest of the child. |
| Before the new law was enacted in 2006, a primary custodian would often just pack up and move without prior notice to the non-custodial parent. If the Final Judgment did not specifically restrict such movement, the non-custodial parent faced an uphill battle to force the return if the parties’ minor child to the court’s jurisdiction. The timeframe for hearing would often work to the relocating parties’ advantage, giving him or her time to settle the child in the new location. Recognizing the inequity created by inconsistent treatment of cases by family law judges, the Florida Legislature has provided a precise process governing the relocation of children. |
| If a primary residential parent (ie. relocating parent) wishes to relocate more than 50 miles away from his or her current residence, the PRP must first follow the procedure outlined in Florida Statute § 61.13001. According to the statute, "relocation" means a change in the principal residence of a child for a period of 60 consecutive days or more but does not include a temporary absence from the principal residence for purposes of vacation, education, or the provision of health care for the child. |
| If the non-relocating parent does not consent to the relocation, the relocating parent must serve upon the other parent, and every other person entitled to visitation, a Notice of Intent to Relocate with a Child. The Notice must provide very specific information, and failure to comply with the strict requirements will render the Notice legally insufficient!The Notice can be served by a process server or via certified mail, restricted delivery, return receipt requested. The relocating parent does not file the Notice of Intent to Relocate with the court. Rather, he or she only files a separate Certificate of Service, so that the court knows when the notice was served.The non-relocating parent has 30 days to object to the proposed move, and if he or she fails to file a written objection, the court can enter an order allowing the relocation without a hearing. However, if the non-relocating parent files a timely objection to the proposed move, then the court will schedule a hearing on the matter. Keep in mind that the objection must also follow precise statutory requirements.
At a contested hearing on whether the court will allow the relocation of a minor child, the judge will consider a number of statutory factors, and moving party carries the burden of proving that the move is in the child’s best interest.
If a primary residential parent moves without complying with the statutory requirements of F.S. § 61.13001, that party could be held in contempt of court and could be ordered to immediately return the child(ren) to the jurisdiction. Furthermore, it can be a consideration in denying the relocation or, even worse, changing primary custody. |
| Contact Colleen White to help you with relocation matters |
|
