Relocation Laws in Florida : Jacobs Law Firm

Relocating with a child after a divorce or a separation can be a complex legal matter anywhere, so in order to protect the rights of all parties involved as well as the best interests of the child, Florida has established specific relocation laws. For those reasons, in this article, we’ll provide a comprehensive guide to understanding these laws and navigating the relocation process.

Understanding Florida's Relocation Laws

Florida Statutes, Section 61.13001 defines relocation as moving 50 miles or more from the current residence for at least 60 consecutive days. The law applies to parents and other persons with court-ordered rights of time-sharing, custody, or visitation, so whether a parent wants to relocate with the child or objects to the other parent's proposed relocation, they must comply with these laws to ensure a lawful and fair resolution.

If both parents and any other person entitled to visitation rights agree to the relocation, they can sign a written agreement that details the consent, defines a new time-sharing schedule, and describes the transportation arrangements for visitation. The agreement must be ratified by the court, but typically this can be done without a formal hearing.

Petition to Relocate

If the parents can't agree on the Orlando relocation attorney, the parent proposing to relocate must file a petition to relocate with the court and serve it to the other parent. The petition should include the location and mailing address of the new residence, the reasons for relocating, a proposed visitation schedule, and a proposal for transportation arrangements. After receiving the petition, the non-relocating parent has 20 days to respond. If they fail to respond, the court may grant the relocation without a hearing.

If the non-relocating parent objects to the move, the court will decide the matter in a hearing or trial. The court considers several factors to determine whether the relocation is in the best interests of the child, including the child's relationship with each parent, the age and needs of the child, the feasibility of preserving the relationship with the non-relocating parent, the child's preference, whether the relocation will enhance the quality of life for the parent and child, and whether the relocation is sought in good faith.

Conclusion

Understanding Florida's relocation laws is crucial for parents considering a significant move with their child. Whether you are the parent proposing to relocate or the one contesting it, comprehending these family law orlando and seeking legal counsel can help protect your rights and the best interests of your child.

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