CAN A PARENT RELOCATE WITH A MINOR CHILD IN FLORIDA
Relocating with a minor child in Florida is possible, but you will need a court order before you leave. The issue of relocation usually begins during or following a divorce action. Florida Statute 61.13001 governs relocation and provides a very important definition.
Under the statute, “relocation” means a change in the location of the principal residence of a parent or other person from his or her principal place of residence at the time of the last order establishing or modifying time-sharing, or at the time of filing the pending action to establish or modify time-sharing. The change of location must be at least 50 miles from that residence, and for at least 60 consecutive days not including a temporary absence from the principal residence for purposes of vacation, education, or the provision of health care for the child.
In simpler terms, if you want to relocate with your minor child more than 50 miles away and for longer than 60 days, you will need a written agreement between you and the other parent or court order authorizing the relocation.
PETITION TO RELOCATE
If the Secondary Residential Parent will not agree in writing to the relocation, the Primary Residential Parent must file a Petition To Relocate. The Petition must contain certain provisions to be valid, and those provisions are found in the statute:
The Petition must be signed under oath and notarized; and
a) Identify the new residence by city, state, and physical address, if known; and
b) The mailing address, if different from the physical address; and
Telephone number; and
c) The date of the intended relocation; and
d) A statement of the reasons for relocating (if the reason is an employment offer, attach the letter from your future employer establishing the offer); and
e) A proposed post-relocation time-sharing schedule (unless there is a court order in place that restricts or abates time-sharing).
Once the Petition is drafted and filed, it must be served on the other parent. The parent will have 20 days to file a written response. If the parent files a written response within the 20 day time period, the parent seeking to relocate cannot do so. The parties must proceed to a temporary hearing or trial and obtain court permission to relocate.
A parent cannot simply relocate without an agreement or court order. If you do, you may violate the Parental Kidnapping statute. If a parent relocates without an agreement or court order, the court has several remedies to punish the offending parent, such as holding the party in contempt, ordering the immediate return of the child, taking the actions into consideration when determining the modification of a parenting plan or the access or time-sharing schedule.
If you are relocating with a minor child in Florida and have questions, please feel free to call or e-mail The Fuller Firm, LLC. Tampa lawyer Kevin A. Fuller. I will schedule a free phone or videoconference consultation. After a thorough case analysis, I will answer your questions and advise you regarding the best way to proceed.