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Child custody is a frequent source of conflict during and after divorce proceedings. As children age, child custody orders may change to better reflect their new circumstances. Additionally, if considerable changes happen to the parents, such as marriage, having another baby, or being diagnosed with an illness, then modifications to parenting plans might be permissible.
For co-parents, relocating to a new area provides career opportunities, improved educational prospects, and the chance to be near family. If you are a parent in Florida who’s considering moving with your child, it is essential that you observe your current parenting plan as well as understand how relevant laws apply.
How Does Florida Define Parental Relocation?
According to Florida Statute 61.13001, if a parent moves with their child for more than sixty consecutive days and the new residence is at least fifty miles away from the existing principal place of residence, it constitutes as parental relocation. The court recognizes the last time-sharing order established or modified along with any pending action to alter or establish a time-sharing agreement, in determining where exactly each children’s primary residence is located.
It is important to note that if you plan to take your children away from their residence temporarily for something like a vacation, educational opportunities, or health care, this does not constitute relocation.
How to Relocate with a Child with a Parenting Plan in Place…
Florida has certain guidelines and procedures that must be followed if you want to successfully obtain a child custody relocation order from the judge.
…If the Other Parent Agrees.
If the other parent provides consent to relocate, it is essential to create a written—and signed—agreement. This contract should include permission for the child to move with you; stipulations on access or time-sharing schedules of both parents; transportation details related to visitation if necessary. Make sure that everyone who has time-sharing access is informed of these changes as well, such as grandparents.
You will then file this agreement in court to be ratified by the judge. The other parent has ten days to ask for an audit in writing or else the contract will be accepted as being beneficial to the child and made into a legally binding court order. This swift procedure allows you and your family to move forward without needing multiple hearings on the matter.
…If the Other Parent Does Not Agree.
If you are looking to alter an already existing child custody order, there must be a meaningful alteration of circumstances. This can involve the relocation of one parent out-of-state or changes in employment or finances. Additionally, evidence that one parent is not supplying appropriate care for the child may also qualify as grounds for modification.
To meet legal requirements, you must initiate a “Petition to Relocate with a Child” at court and serve the document to the other parent and anyone else entitled to access or time-sharing of your child.
The “Petition to Relocate with a Child” needs to include:
- A description of the new residence, including details such as the state and city—and physical address (if known).
- The new mailing address if different from the new physical address.
- The new home telephone number (if known).
- The intended moving date.
- A thorough explanation of your motivations for considering relocation, including all relevant documents, such as job offers, if applicable.
- A proposed adjustment to access and time-sharing schedules, including transportation arrangements.
- In accordance with 61.13001 (3a), the following statement in all capital letters and the same font and size—or larger:
- “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.”
If the other parent, or anyone else with the right to access or time-share, files a response objecting to your petition for relocation, a hearing will be held and you must prove to the judge that relocating is in the child’s best interests. The court must grant permission before you can move forward with any moving plans.
Even if the other parent does not file a response to your petition, you will still need approval from the judge in order to make changes to your parenting plan. Usually, the court will grant an order that mirrors what you requested without needing a hearing; all it takes is submitting your request and waiting for confirmation.
With a distinguished record of success in family law cases throughout Florida, Orshan, Spann & Fernandez-Mesa is a trusted Miami firm. Whether you need assistance with divorce, child custody, or agreement modifications, our skilled attorneys are here to fight on your behalf.
Call our legal team at (305) 853-9161 or contact us online to schedule an initial consultation.
