Parental Relocation With A Minor Child

Relocation (moving) with a minor child in Florida can be simple or complicated depending on many factors.  If your child is under the jurisdiction of a Florida Time-Sharing or Parenting Plan and you wish to relocate more than 50 miles away, you must send notification to the court and the other parent (and other people who may have time-sharing).  The other parent then has an opportunity to object to the relocation.  Florida Statue 61.13001 outlines the process and requirements a court must use to approve or deny a request for relocation of a minor child.

There are lots of reasons for relocation.  Some people need to move for work, others to be closer to family or to be involved in special programs for the child.

If the other parent objects to the relocation of the child, a judge must make a determination if the relocation is in the best interest of the child.  The Statue outlines approximately 10 factors that a judge must use in determining if the relocation is in the best interest of the child and the parent relocating has the burden to prove that the relocation is in the best interest of the child.

Relocation of a Child Considerations

  • Is the move in the best interest of the child?
  • Will the relocation detriment the child’s relationship with either parent?
  • Can a compromise be reached to make both parents and the child happy?
  • Are there alternatives to moving?
  • If you wish to object to the relocation of your child, you must do it promptly; you have 20 days to file a legal response!
  • What is the proposed new time-sharing schedule?  Is that something that is practical for you and your child?
  • How much involvement does each parent and family have with the child’s activities such as parent teacher meetings, sports or other after-school events that will be affected by a relocation?

If a parent subject to the jurisdiction of a Florida family law court relocates without following the proper legal approval, the court can order the immediate return of the child.

Get Experienced Advice About Relocation with A Minor Child

Relocation of a minor child away from the other parent is serious.  It can permanently affect the relationship of your child with both parents.  If you are considering a relocation, or if you have been served with a notice of relocation you must take it seriously and act quickly.  If you would like advice for your situation, please contact us to set a consultation. In order to provide you with advice, we will need to review your legal paperwork and discuss your matter in detail with you.

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