I hear this question frequently in my practice, "We were never married, we have a child together, and I want to move back to _________ to be closer to my family. Can I go?" The answer is "No, without a Court Order allowing you to move, you run the risk of being brought back to Florida by court-order if you don't follow the Statute correctly." Regardless if you are married or not, if the other parent is entitled to parenting-time with the child, the parent wishing to relocate must follow Florida Statute 61.13001. There does not need to be a court order in place ordering time-sharing for the other parent, just being entitled to it will allow the non-relocating parent to be able to stop the relocation. It is often insufficient for the parent seeking to relocate to show only that the planned move would provide a "support system" (family, friends, etc.) to her/him or the children.
Additionally, it may not enough to show that a higher paying job is available in the planned location. However the more factors which can be provided to the court, including additional factors such as offering substitute visitation and a contribution toward travel costs for the other parent, may suffice. Whether the non-relocating parent has been an active parent is also a significant factor. A difficult situation exists when a non-relocating parent has been active with the children, but the employer of the parenting seeking to relocate or her/his new spouse requires a transfer to another state. Generally, there is usually no easy way to determine in advance whether a court will grant relocation. There is a caveat here, if the relocating parents obtains the consent/approval of the non-relocating parent, then the move should not be able to be stopped. Here are some things to consider whether you were married or not to the child's other parent and are seeking to relocate:
Moving less than 50 miles does not require a court order or consent of the other parent. The Statute requires the parent seeking to relocate more than 50 miles to notify the other parent of the proposed relocation by sending a Notice of Intent to Relocate.
What if the Non-Relocating Parent Objects? The non-relocating parent then has 30 days to object to the relocation. If no objection is filed, you have to file a motion and ask the court to ratify the relocation. The motion has to be personally served on the other parent. Unless the other parent requests a hearing, the court will ratify the plan according to what is in your Notice of Intent to Relocate, including the visitation and transportation schedules and child support. No hearing is required.
If you receive an objection to the Notice, the parent who wants to move has to file a motion for permission to relocate and attach the Notice of Intent, including the certificate of service. The court will schedule a priority hearing.
At that hearing, you will have to show that, more likely than not, the relocation is in the best interest of the child. The judge will look at it from the child's perspective, not the best interest of the parent. If the judge initially finds that the move is in the child's best interest, the non-relocating parent then has a chance to prove that the relocation is not truly in the child's best interest.
Can I Move in the Meantime? If you received an objection after giving Notice, you can't move unless you get a temporary order allowing it.The court can enter a temporary order permitting the relocation if:
1. The required Notice of Intent to Relocate was provided on a time; and
2. The court finds preliminary evidence that there's a likelihood the court will approve the relocation based on certain factors at the final hearing,
If you are married to the child's other parent or not, and you are seeking to relocate, 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.
