Circumstances may arise that require a parent of a minor child to change his or her principal place of residence from that which existed at the time of the last court order establishing or modifying time-sharing. Court action will be required if the new residence will be 50 miles or more from the current residence and if the change of location will be for at least 60 consecutive days.
A relocating parent may proceed in one of two ways:
- Agreement – The relocating parent and every other person entitled to time sharing with the child(ren) enter into a signed written agreement which reflects consent to the relocation. This agreement should define access to the child or a time-sharing schedule for the non-relocating parent or others entitled to access with the child, and must describe any transportation arrangements that are necessary for the time-sharing or access. The parties must thereafter seek ratification of the Agreement by the Court.
- Petition – The relocating parent files a Petition to Relocate and serves it on the non-relocating parent and other persons entitled to time-sharing with the minor child. The Petition must be in accordance with Florida Statute 61.13001.
If a petition is filed, a response to the petition must be made within 20 days after service. If there is no timely response objecting to the petition to relocate, absent good cause, the court will grant the relocation. If a timely response is filed, the case will proceed to a hearing.
Relocating a child requires strict compliance with Florida Statute and noncompliance may result in contempt proceedings against the non compliant party or the award of monetary sanctions including fees, fines and costs.
Contact us to ensure compliance with the law.
