Contesting a Child Relocation Request in Florida: Parent Rights and Strategies

Parents often consider relocating after a divorce, whether for job opportunities, proximity to family, or a fresh start. However, in Florida, such moves are complex. The law considers parental relocation any move over 50 miles from the child’s current home, lasting at least 60 consecutive days.

Below, our Tampa Bay child relocation attorney explains the rights of each party involved and the strategies that can assist with your case.

What Rights Does a Relocating Parent Have in Florida?

Parents who want to relocate, as defined under Florida law, can draft a written agreement with the parent who is not moving. If the parent who is not moving does not agree to the move, the relocating parent can petition the court and formally ask for permission to move.

The parent who wishes to relocate also has the right to propose a new time-sharing schedule for court approval. If the other parent objects to the move, the relocating parent bears the burden of proving that the move is in the child’s best interests. To prove their case, the parent relocating should also present strong evidence to support their request, such as an offer of a better job opportunity.

What Rights Does the Other Parent Have in Florida?

Parents who do not plan to move and oppose the move also have various rights in Florida. If the parent wanting to relocate files a petition with the court, the non-relocating parent will be served with a copy of the petition and a summons. After receiving these documents, the non-relocating parent can submit a formal objection within 20 days. They also have the right to participate in a hearing and present their case.

There are several defenses against a child’s relocation request. Some of the most common include::

• Relocation is not in the best interests of the child
• The parent is relocating in an attempt to interfere with the non-relocating parent’s rights
• The child’s healthcare, education, or emotional well-being would suffer
• The proposed visitation schedule would be a financial burden or impractical

Whether a judge approves or denies a relocation request, the parent who is not moving still has the right to ask the court to modify the current time-sharing arrangement.

Call Our Child Relocation Attorney in Tampa Bay Today 

Whether you’re considering moving after a divorce or contesting a move to stay close to your child, our Tampa Bay child relocation attorney is here to assist. At Florida Law Advisers, P.A., our experienced lawyer supports parents moving into the area or those aiming to stop their child’s relocation. Contact us today at 1 (800) 990-7763 or complete our online form to schedule a consultation and receive the legal assistance you need.

Source:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.13001.html