Florida's Relocation Statute
FLORIDA'S RELOCATION STATUTE §61.13001
If you are the primary residential parent (or the parent with the majority of thel parenting time, under the newly re-written Statute) of a minor child and you wish to relocate it is extremely important that you contact an attorney and make sure that you have taken the appropriate steps to follow Florida's statute on relocation. This Statute enacted October 2006 made it much more difficult for the parent with the substantial parenting time to relocate. The Statute that governs relocation is Florida Statute 61.13001. However, if you are the non-residential parent of a child and you have just been informed that your former spouse or child's parent plans to relocate with your child, you need to contact an attorney to help you file your timely objection. Failure to timely object to relocation can have a devastating effect on your future relationship with your child.
Whether you are looking to relocate or your spouse is looking to relocate with your child(ren), you need to follow the law.
THE PROCEDURE:
1. Notice: The statute requires the custodial parent to give notice to the noncustodial parent if there is to be a change in the principal residence of the child of more than 50 miles from the child's residence at the time of the entry of the last custody or visitation order. The change of residence must be for a period of 60 days or more and does not include temporary absences for vacation, education or health-care for the child.
The notice must be in writing and served upon the other parent, be signed under oath and include a specific address and telephone number for the new residence, the date of the intended move, specific reasons for the move and, if one of the reasons is a job offer, a copy of the written job offer if it exists. The notice must also include a proposed post relocation schedule of visitation and a notice that an objection to the intent to relocate must be filed within 30 days and served on the relocating parent.
2. Objection to the Notice: The objection shall state a specific factual basis and shall include a statement of the amount of participation the objecting party currently has in the life of the child.
3. What happens if you relocate without giving the notice or if you relocate anyway after the other parent objects? You become subject to sanctions of any subsequent relocation proceeding or modification of custody proceeding. The other party may request temporary or permanent return of the child, as well as attorney's fees, costs and travel expenses.
4. What is the Proper Venue? Venue is in a county in which either parent or child reside or the county in which the original action was adjudicated.
IF YOU DO CONSIDER LITIGATION, CONSIDER THE FOLLOWING:
1. There is no presumption for or against relocation, and
2. The person wishing to relocate has the burden of proof and must prove by a preponderance of the evidence that relocation is in the best interest of the child.
It is important that every parent understand that "the act of relocating the child after failure to comply with the notice of intent to relocate procedure described in this subsection subjects the party in violation thereof to contempt and other proceedings to compel the return of the child and may be taken into account by the court in any initial or post-judgment action seeking a determination or modification of the designation of the primary residential parent or of the residence, custody, or visitation with the child as:
3. A factor in making a determination regarding the relocation of a child.
4. A factor in determining whether the designation of the primary residential parent or the residence, contact, access, visitation, or time-sharing arrangements should be modified.
5. A basis for ordering the temporary or permanent return of the child.
6. 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.
7. Sufficient cause for the award of reasonable attorney's fees and costs, including interim travel expenses incident to visitation or securing the return of the child."
FACTORS THAT THE COURT MAY CONSIDER IN CONTESTED RELOCATION
No presumption shall arise in favor of or against a request to relocate with the child when a primary residential parent seeks to move the child and the move will materially affect the current schedule of contact, access, and time-sharing with the non-relocating parent or other person. In reaching its decision regarding a proposed temporary or permanent relocation, the court shall evaluate all of the following factors:
1. The nature, quality, extent of involvement, and duration of the child's relationship with the parent proposing to relocate with the child and with the non-relocating parent, other persons, siblings, half-siblings, and other significant persons in the child's life.
2. The age and developmental stage of the child, the needs of the child, and the likely impact the relocation will have on the child's physical, educational, and emotional development, taking into consideration any special needs of the child.
3. The feasibility of preserving the relationship between the non-relocating parent or other person and the child through substitute arrangements that take into consideration the logistics of contact, access, visitation, and time-sharing, as well as the financial circumstances of the parties; whether those factors are sufficient to foster a continuing meaningful relationship between the child and the non-relocating parent or other person; and the likelihood of compliance with the substitute arrangements by the relocating parent once he or she is out of the jurisdiction of the court.
4. The child's preference, taking into consideration the age and maturity of the child.
5. Whether the relocation will enhance the general quality of life for both the parent seeking the relocation and the child, including, but not limited to, financial or emotional benefits or educational opportunities.
6. The reasons of each parent or other person for seeking or opposing the relocation.
7. The current employment and economic circumstances of each parent or other person and whether or not the proposed relocation is necessary to improve the economic circumstances of the parent or other person seeking relocation of the child.
8. That the relocation is sought in good faith and the extent to which the objecting parent has fulfilled his or her financial obligations to the parent or other person seeking relocation, including child support, spousal support, and marital property and marital debt obligations.
9. The career and other opportunities available to the objecting parent or objecting other person if the relocation occurs.
10. A history of substance abuse or domestic violence as defined in s. 741.28 or which meets the criteria of s. 39.806(1)(d) by either parent, including a consideration of the severity of such conduct and the failure or success of any attempts at rehabilitation.
11. Any other factor affecting the best interest of the child or as set forth in s. 61.13001
If you are thinking about relocation and want more information, please visit our website or call the office to schedule your initial consultation. We employ a client based approach, which means that we are selective in the cases we take so that we can be available to our clients. We spend time with you to thoroughly understand the facts of your case, so that we can provide you with a comprehensive and realistic legal evaluation. Our process begins with a half-hour low-cost consultation. Call for your consultation today.
