Florida Family Lawyer Blog

On October 1, 2009, the Florida legislature enacted Florida Statute 61.13001, which outlines the steps parents must take before they relocate their child or to prevent their child’s relocation. If you are a parent in Fort Lauderdale, Miami or Palm Beach and you are planning to move more than 50 miles from your current home, you must obtain either: (1) written permission from the other parent or (2) a court order permitting the relocation. Likewise, if you want to prevent your child’s other parent from moving with your child out of this area, you must act carefully to protect your rights.

If parents disagree over the potential relocation of a child, the parent seeking relocation must serve a Petition to Relocate on the other parent. The petition must be signed under oath and must include specific allegations required by Florida Law. Failure to serve a petition meeting these requirements and/or relocating your child without a written agreement or a court order will be considered contempt of court and may result in: the court forbidding the relocation, a change in the standing timesharing agreement (previously referred to as custody agreement), a court order demanding the return of the child, or the relocating parent being forced to pay the other parent’s attorneys fees and all travel expenses related to visitation or the return of the child.

Once a petition to relocate is served, the other parent has 20 days to file an objection. If the other parent fails to file an objection, the court will presume the move is in the best interests of the child and enter an order allowing the relocation and adopting the timesharing and transportation arrangements contained in the petition. If the other parent objects to the relocation, the relocating parent must prove that the move is in the best interests of the child. The court must consider many factors in determining whether to allow the relocation, including:

• The nature, quality and duration of the child's relationship with both parents and with siblings, half-siblings, and other significant persons in the child's life.
• The likely impact the relocation will have on the child's physical, educational, and emotional development.
• Whether the substitute time-sharing arrangements are sufficient to foster a continuing meaningful relationship between the child and the non-relocating parent.
• The likelihood of compliance with the substitute arrangements by the relocating parent.
• The child's preference, taking into consideration the age and maturity of the child.
• Whether the relocation will enhance the general quality of life for the parent seeking the relocation and for the child.
• Each parent’s reasons for seeking or opposing the relocation.
• The current employment and economic circumstances of each parent.
• That the relocation is sought in good faith.
• Whether the objecting parent has fulfilled his or her financial obligations to the parent seeking relocation, including child support, spousal support, and marital property obligations.
• A history of substance abuse or domestic by either parent.
• Any other factor affecting the best interest of the child.

As demonstrated above, once you have a child with another individual you cannot simply decide to unilaterally move out of state, there is a specific procedure you must follow. If you are a parent who wishes to relocate your child or to prevent the relocation of your child, the family law attorneys at Koch & Trushin can help you present your case to the court in the best light possible. Please feel free to contact us for a free initial consultation.