Divorce Attorney Scott J. Stadler

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relocationRelocation With Child

Pursuant to Florida Statute 61.13001 relocation means moving a child more than 50 miles from the child’s principal place of residence. If the parents agree to the relocation of the child’s principal residence, you can satisfy the court requirements by signing a written agreement and have the agreement ratified by the court.

Unless an agreement is reached, the parent who desires to relocate must file a Petition to Relocate and serve it upon the other parent and every other person entitled to access or to time sharing with the child.

  • MY SPOUSE WILL NOT AGREE FOR ME TO MOVE MORE THAN 50 MILES WITH THE KIDS. WHAT IS REQUIRED TO OBTAIN COURT PERMISSION?

    The petition to relocate must be signed under oath or affirmation under penalty of perjury and include:

    1. (a) A description of the location of the intended new residence, including the state, city, and specific physical address, if known.
    2. (b) The mailing address of the intended new residence, if not the same as the physical address, if known.
    3. (c) The home telephone number of the intended new residence, if known.
    4. (d) The date of the intended move or proposed relocation.
    5. (e) A detailed statement of the specific reasons for the proposed relocation. If one of the reasons is based upon a job offer that has been reduced to writing, the written job offer must be attached to the petition.
    6. (f) A proposal for the revised post relocation schedule for access and time-sharing together with a proposal for the post relocation transportation arrangements necessary to effectuate time-sharing with the child. Absent the existence of a current, valid order abating, terminating, or restricting access or time-sharing or other good cause predating the petition, failure to comply with this provision renders the petition to relocate legally insufficient.
    7. (g) Substantially the following statement, in all capital letters and in the same size type, or larger, as the type in the remainder of the petition:

    A RESPONSE TO THE PETITION OBJECTING TO RELOCATION MUST BE MADE IN WRITING, FILED WITH THE COURT, AND SERVED ON THE PARENT OR OTHER PERSON SEEKING TO RELOCATE WITHIN 20 DAYS AFTER SERVICE OF THIS PETITION TO RELOCATE. IF YOU FAIL TO TIMELY OBJECT TO THE RELOCATION, THE RELOCATION WILL BE ALLOWED, UNLESS IT IS NOT IN THE BEST INTERESTS OF THE CHILD, WITHOUT FURTHER NOTICE AND WITHOUT A HEARING.

  • I FILED MY PETITION TO RELOCATE - WHAT HAPPENS NEXT?

    The petition to relocate must be served on the other parent and on every other person entitled to access to and time-sharing with the child. If there is a pending court action regarding the child, service of process may be according to court rule. Otherwise, service of process shall be according to chapters 48 and 49 or via certified mail, restricted delivery, return receipt requested.

    A parent or other person seeking to relocate has a continuing duty to provide current and updated information required by this section when that information becomes known.

    If the other parent and any other person entitled to access to or time-sharing with the child fails to timely file a response objecting to the petition to relocate, it is presumed that the relocation is in the best interest of the child and that the relocation should be allowed, and the court shall, absent good cause, enter an order specifying that the order is entered as a result of the failure to respond to the petition and adopting the access and time-sharing schedule and transportation arrangements contained in the petition. The order may be issued in an expedited manner without the necessity of an evidentiary hearing. If a response is timely filed, the parent or other person may not relocate, and must proceed to a temporary hearing or trial and obtain court permission to relocate.

  • WHAT HAPPENS IF I DO NOT COMPLY WITH THE RELOCATION STATUTE?

    Relocating the child without complying with the requirements of this subsection subjects the party in violation to contempt and other proceedings to compel the return of the child and may be taken into account by the court in any initial or post judgment action seeking a determination or modification of the parenting plan or the access or time-sharing schedule as:

    1. (a) A factor in making a determination regarding the relocation of a child.
    2. (b) A factor in determining whether the parenting plan or the access or time-sharing schedule should be modified.
    3. (c) A basis for ordering the temporary or permanent return of the child.
    4. (d) Sufficient cause to order the parent or other person seeking to relocate the child to pay reasonable expenses and attorney’s fees incurred by the party objecting to the relocation.
    5. (e) Sufficient cause for the award of reasonable attorney’s fees and costs, including interim travel expenses incident to access or time-sharing or securing the return of the child.
  • WHAT IF I OBJECT TO THE RELOCATION OF MY CHILDREN?

    You must file with the clerk an answer objecting to a proposed relocation. Your answer must be verified and include the specific factual basis supporting the reasons for seeking a prohibition of the relocation, including a statement of the amount of participation or involvement the objecting party currently has or has had in the life of the child.

  • CAN I GET A TEMPORARY ORDER TO RELOCATE?

    The court may grant a temporary order restraining the relocation of a child, order the return of the child, if a relocation has previously taken place, or order other appropriate remedial relief, if the court finds:

    1. (a) That the petition to relocate does not comply with subsection (3);
    2. (b) That the child has been relocated without a written agreement of the parties or without court approval; or
    3. (c) From an examination of the evidence presented at the preliminary hearing that there is a likelihood that upon final hearing the court will not approve the relocation of the child.

    The court may grant a temporary order permitting the relocation of the child pending final hearing, if the court finds:

    1. (a) That the petition to relocate was properly filed and is otherwise in compliance with subsection (3); and
    2. (b) From an examination of the evidence presented at the preliminary hearing, that there is a likelihood that on final hearing the court will approve the relocation of the child, which findings must be supported by the same factual basis as would be necessary to support approving the relocation in a final judgment.

    If the court has issued a temporary order authorizing a party seeking to relocate or move a child before a final judgment is rendered, the court may not give any weight to the temporary relocation as a factor in reaching its final decision.

    If temporary relocation of a child is approved, the court may require the person relocating the child to provide reasonable security, financial or otherwise, and guarantee that the court-ordered contact with the child will not be interrupted or interfered with by the relocating party.

  • HOW DOES THE COURT DECIDE WHETHER I CAN MOVE WITH MY KIDS?

    In reaching its decision regarding a proposed temporary or permanent relocation, the court shall evaluate all of the following:

    1. (a) The nature, quality, extent of involvement, and duration of the child’s relationship with the parent or other person proposing to relocate with the child and with the nonrelocating parent, other persons, siblings, half-siblings, and other significant persons in the child’s life.
    2. (b) The age and developmental stage of the child, the needs of the child, and the likely impact the relocation will have on the child’s physical, educational, and emotional development, taking into consideration any special needs of the child.
    3. (c) The feasibility of preserving the relationship between the nonrelocating parent or other person and the child through substitute arrangements that take into consideration the logistics of contact, access, and time-sharing, as well as the financial circumstances of the parties; whether those factors are sufficient to foster a continuing meaningful relationship between the child and the nonrelocating parent or other person; and the likelihood of compliance with the substitute arrangements by the relocating parent or other person once he or she is out of the jurisdiction of the court.
    4. (d) The child’s preference, taking into consideration the age and maturity of the child.
    5. (e) Whether the relocation will enhance the general quality of life for both the parent or other person seeking the relocation and the child, including, but not limited to, financial or emotional benefits or educational opportunities.
    6. (f) The reasons each parent or other person is seeking or opposing the relocation.
    7. (g) The current employment and economic circumstances of each parent or other person and whether the proposed relocation is necessary to improve the economic circumstances of the parent or other person seeking relocation of the child.
    8. (h)That the relocation is sought in good faith and the extent to which the objecting parent has fulfilled his or her financial obligations to the parent or other person seeking relocation, including child support, spousal support, and marital property and marital debt obligations.
    9. (i)The career and other opportunities available to the objecting parent or other person if the relocation occurs.
    10. (j)A history of substance abuse or domestic violence as defined in s. 741.28 or which meets the criteria of s. 39.806(1)(d) by either parent, including a consideration of the severity of such conduct and the failure or success of any attempts at rehabilitation.
    11. (k)Any other factor affecting the best interest of the child or as set forth in s. 61.13.
  • WHAT IS MY BURDEN OF PROOF AT TRIAL?

    The parent or other person wishing to relocate has the burden of proving by a preponderance of the evidence that relocation is in the best interest of the child. If that burden of proof is met, the burden shifts to the non-relocating parent or other person to show by a preponderance of the evidence that the proposed relocation is not in the best interest of the child.

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