Relocation is a significant life event that can have profound implications, especially in post-divorce scenarios involving children. In Florida, parents considering relocation with their children must adhere to specific legal requirements to ensure the move is in the best interest of the child and to maintain fair custody arrangements. This article will provide an overview of the legal steps and considerations for parents who wish to relocate with their children post-divorce in Florida.
Understanding Florida’s Relocation Law
Florida’s relocation law is outlined in Section 61.13001 of the Florida Statutes. Relocation is defined as a change in the principal residence of a parent or other person with custody of the child that is at least 50 miles from the current residence and lasts for 60 consecutive days or more. Temporary absences for vacation, education, or medical care are not considered relocations.
Legal Steps for Relocation
- Agreement Between Both Parents: If both parents agree to the relocation, they can sign a written agreement that reflects their consent. This agreement must:
- State consent to the relocation.
- Define a new time-sharing schedule for the non-relocating parent.
- Describe any transportation arrangements related to the new time-sharing schedule.
The signed agreement should then be submitted to the court, which will generally ratify it without a hearing.
- Petition to Relocate: If there is no mutual agreement, the parent wishing to relocate must file a petition to relocate with the court. This petition must include:
- A detailed statement of the specific reasons for the proposed relocation, including any job offer (with a copy of the offer attached).
- The location of the proposed new residence, including the address (if known).
- A proposed post-relocation time-sharing schedule.
- Details on the proposed transportation arrangements for visitation.
The petition must be served on the other parent and any other person entitled to access to or time-sharing with the child.
Contesting the Petition
The non-relocating parent has 20 days to file an objection to the petition. If an objection is filed, the court will hold a hearing to determine whether the relocation is in the best interest of the child. Factors the court considers include:
- The child’s relationship with both parents: The court examines how the relocation will impact the child’s relationship with the non-relocating parent and other significant individuals in the child’s life.
- Age and needs of the child: The court considers the child’s age, developmental stage, and needs, and how these will be affected by the move.
- Child’s preference: Depending on the child’s age and maturity, their preference may be taken into account.
- Reasons for relocation: The court evaluates the reasons given for the relocation, including economic and educational opportunities.
- Employment opportunities: The relocating parent’s job prospects and how they will benefit the child financially and emotionally are considered.
- Enhanced quality of life: Potential improvements in the child’s standard of living, such as better housing, education, or community, are also factored in.
- Feasibility of maintaining relationships: The court assesses the likelihood of preserving the child’s relationship with the non-relocating parent through feasible visitation arrangements.
Emergency Relocation
In cases where immediate relocation is necessary, a parent can seek an emergency order. This is generally reserved for situations where the child’s welfare is at risk or where there is an immediate job requirement that cannot be delayed. The court may grant temporary relocation pending a full hearing.
Potential Outcomes of Relocation Litigationall of
The court has several options after considering the presented evidence:
- Approve the Relocation: If the court finds the move beneficial for the child, it may approve the relocation with a modified time-sharing schedule that accommodates the new distance.
- Deny the Relocation: If the court determines the move would significantly disrupt the child’s life and relationships, it may deny the relocation request.
- Modify Custody Arrangements: In some cases, the court might modify the existing custody agreement to accommodate the move while ensuring the child maintains a meaningful relationship with both parents.
Considerations for Parents
Relocating with a child post-divorce is a complex process that requires careful planning and legal compliance. Parents should consider the following:
- Legal Advice: Consulting with a family law attorney experienced with the laws in your state is crucial. An attorney can help navigate the legal requirements, draft necessary documents, and represent the parent in court if needed.
- Communication: Open and honest communication with the other parent can facilitate agreement and reduce the need for court intervention.
- Documentation: Keeping thorough documentation of all communications and agreements regarding relocation can be beneficial if disputes arise.
- Best Interest of the Child: Always prioritize the child’s well-being and stability in any relocation decision. This includes considering the child’s educational, emotional, and social needs.
Protect Your Child’s Welfare
Navigating the legal requirements for relocation and child custody in Florida is a meticulous process that aims to balance the interests of both parents while prioritizing the child’s welfare. At Parra Harris Law, we understand the complexities involved and are committed to providing comprehensive legal support to ensure a smooth and compliant relocation process. If you are considering relocation or facing a relocation dispute, contact us for expert legal guidance tailored to your unique situation.
