Ocala Divorce Lawyer Blog

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:

Continue reading "Can I Move With The Child Even If We Are Not Married: Florida Relocation of Unmarried Parents" »

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:

Continue reading "Florida Relocation requirements: Moving away with the kids" »