| 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 nonrelocating 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 nonrelocating 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 nonrelocating 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 |
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