Florida child relocation laws require that when a parent wants to relocate with a child more than 50 miles from their current residence they first obtain either consent from the other parent or court approval. See Florida Child Custody Statute 61.13001. Failure to obtain approval from the other parent or court before relocating can result in contempt of court. Further, a Florida family law court can compel the return of the child and take the parent’s actions into account when ruling on a petition to modify a parenting plan. Therefore, if you need assistance with a Florida child relocation case contact a child custody attorney in Tampa before relocating. A Tampa child custody attorney can help draft all the necessary paperwork and navigate the case through the court system.
Florida Child Relocation with Consent From the Other Parent
Under Florida child relocation statutes, in order to be an effective relocation agreement both parents must agree. Additionally, all other parties entitled time-sharing with the child must also agree to the relocation. The agreement must be reduced to writing and include a parenting plan. The parenting plan must detail the time-sharing schedule for custody after the relocation occurs. Parents should also account for and describe the transportation arrangement related to time-sharing in the parenting plan. Moreover, in order to be legally effective, the agreement must be submitted to a court with competent jurisdiction. Lastly, the agreement must be ratified by a family law judge.
Florida Child Relocation with No Consent From the Other Parent
If the other parent does not agree to the relocation the relocating parent must file a petition to relocate. Florida child relocation procedure will require the other parent and all other parties entitled to time-sharing be served with a copy of the petition. If no objection to the petition is filed within the time allotted under Florida Rules of Civil Procedure, the court may grant the petition to relocate without an evidentiary hearing. If no objection is filed it will be presumed that the relocation is in the child’s best interests. See Florida Child Custody Case Porras v. Porras.
If the nonrelocating parent objects to the relocation there must be a hearing or trial before the relocation can occur. An objection to a petition for relocation must be verified and include the factual basis supporting the reasons why the relocation should be denied. Moreover, the objection must include a statement outlining the involvement that the nonrelocating parent has had with the child. The Florida child relocation objection process can be confusing without legal training, if you need assistance contact a child custody attorney in Tampa for counsel.
Florida Child Relocation Factors
If a valid objection is filed, there must be a hearing or trial before the relocation can occur. At the hearing, the relocating parent will have the burden of proving the relocation will be in the child’s best interests. If that burden is met, the burden then shifts to the nonrelocating parent to prove the relocation is not in the best interest of the child. You should consider retaining a Tampa child custody attorney to help litigate and advocate on your behalf.
When issuing a ruling the court will consider many factors such as:
- The child’s preference
- Whether or not the relocation will enhance the quality of life for both the relocating parent and child
- The reason for the relocation or objection
- The nature and extent of involvement both parents have had with the child
- The impact the relocation will have on the child’s physical, educational, and emotional development
- The current employment and economic circumstances of each parent and whether the relocation is necessary to improve the economic conditions.
The above list is non-exhaustive, a court will consider many other factors in relocation cases. If you are interested in filing a petition to relocate or objecting to a relocation you should contact a child custody law firm in Tampa for specific advice regarding your case.
Child Custody Law Firm in Tampa
If you are in the middle of a Florida child relocation case or thinking about relocating call us today to speak with a Tampa child custody attorney. At Florida Law Advisers, we take these matters very seriously and will stand firm for what is fair. We have years of experience in both advocating for and against relocation. Our professional legal team is dedicated and passionate about these matters and will work tirelessly to help achieve the outcome you desire. To speak with a Tampa child custody attorney call at 800 990 7763. We are available to answer your call 24 hours a day, 7 days a week