Law Office of Steven R. Brenners

What Constitutes Relocation Under Family Law In Florida?

Relocation is a legal situation that is very strictly defined by Florida statutes. The Florida statute defines relocation as a parent relocating with a child more than 50 miles from where the child currently lives or 50 miles from where the parent is located.

How Much Advance Notice Does A Parent Have To Give When Intending To Relocate?

The time frame for an advance notice isn’t really specified in the statute. We will be discussing that in a bit more detail as we proceed, but there really is no time factor. The statute refers to the relocating parent and the other parent. So, the relocating parent needs to contact the other parent and express to the other parent his or her intention to relocate with the child. If the other parent agrees, then that agreement needs to be filed with the court. If there is no agreement, then the parent who desires to relocate needs to file a petition for relocation. There would need to be enough time allowed for the other side to respond to the petition and get a hearing for temporary relocation.

What Information Needs To Be Included In The Written Notice?

The agreement that you would file in court has information pertaining to the child’s new residence and the time-sharing schedule. If the agreement is filed in the court, then your job is basically done. If there is no agreement, then the parent who has the desire to relocate is required to file a petition, which is a lawsuit, requesting relocation. In that petition, there is certain information that is required.

A petition to relocate needs to be notarized and signed under oath. Information regarding the new residence would include a description of the location of the intended new residence, including the city, state and physical mailing address. If it’s known, it would also have the home telephone number of the new residence. If that number is not known, then it would have a cell phone number or some other number at which to contact the relocating parent. The petition should also have the date of the intended move and a detailed statement of the specific reasons for the proposed relocation. The statute goes further to say that if one of the reasons for relocating is a job offer, then you should also attach a copy offer to the of that written job offer.

Additionally, the petition for relocation should have a proposal for the revised post-relocation schedule for access and timesharing. As you file your petition and ask the court to relocate with your child, the statute requires you to put in a proposal for what the new time-sharing or visitation schedule will be once the child is relocated. There is specific language that you need to insert in every petition for relocation, and that language is set forth by the statute. The very specific language that needs to be in each petition for relocation is as follows: “A response to the petition objecting relocation must be made in writing, filed with the court and served on the parent or other person seeking to relocate within 20 days after service of this petition to relocate. If you fail to timely object to the relocation, the relocation will be allowed unless it’s not in the best interests of the child without further notice and without a hearing.”

What Are The Specific Instructions On Where And When A Parent Can Relocate In Florida?

The statute specifically states that relocation is a change in location which must be at least 50 miles from the child’s residence. The length of the time for relocation must be at least 60 consecutive days, but that wouldn’t include the temporary absence from the child’s residence for purposes of vacation, education or hospitalization that is 50 miles away.

For more information on Relocating With Children In Florida, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (954) 755-0126 today.

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