How to File a Child Relocation Petition in Tampa After Divorce
Under Florida law, child relocation occurs when a parent moves more than 50 miles from the child’s current home for at least 60 consecutive days. Shorter trips for work, medical reasons, or vacations do not count as relocation. Relocation affects parental responsibility and custody arrangements. Even if one parent wants to move after divorce, courts still emphasize each parent’s active involvement in the child’s life.
Therefore, any parent wishing to relocate must follow specific steps. Below, our Tampa Bay child relocation attorney outlines what these are.
Reach an Agreement
Both parents can agree to the move without involving the court. In these situations, they draft a relocation agreement that includes the new address and the reason for the move, a revised time-sharing schedule, and plans for how the non-relocating parent will communicate with and see the child. The plan should also specify which parent will pay for the child’s transportation during visits to the non-relocating parent, if needed. Although the agreement can be created without court intervention, a judge must still approve it before it becomes legally binding.
Petition the Court
When parents cannot agree independently, the moving parent must file a petition with the court. The petition should include several details, including the following::
- The address of the new residence and the reason for the relocation
- A proposed time-sharing schedule
- Details regarding arrangements for transportation
- A description of how the relocation will impact the child’s community, school, and general well-being
- Any supporting evidence, such as a copy of the new employment contract if a parent is moving for a new job opportunity
If you need to petition the court, it’s essential to consult a Tampa Bay child relocation attorney who can guide you on the necessary details to include.
The Hearing
During the child relocation hearing, a judge will determine whether the move serves the child’s best interests. The relocating parent bears the burden of proof to show that the move will enhance the child’s quality of life. The court will evaluate ten factors listed in the Florida Statutes, including the child’s relationship with each parent, the reasons for the move, and any proposed visitation arrangements.
After hearing both sides, the judge will decide whether to approve or deny the relocation request. If the parent has already moved without court approval, the judge might also order the child’s return. If the request is denied, the judge could also adjust the parental responsibility and time-sharing orders to designate the parent who is not moving as the primary residential parent.
Our Child Relocation Attorney in Tampa Bay Can Help You Through the Process
If you are planning to relocate and wish for your child to accompany you, it’s essential to consult our Tampa Bay child relocation attorney. At Florida Law Advisers, P.A., our seasoned lawyer will guide you through the process, help you prepare adequately, and work toward securing the best possible outcome. Contact us today at 1 (800) 990-7763 or reach out online to schedule a consultation and receive reliable advice.
Source:
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.13001.html
