Relocation

Life happens. And sometimes after a family law case is resolved and a timesharing and parenting plan put into place, one of the parents may wish to move or have circumstances that require the parent to move away.

Relocation is probably one of the most difficult issues in family law to resolve. Generally, Florida law provides that, absent written agreement or court order, neither parent can move further than 50 miles from where that parent lived at the time any pending action was filed or from the parent’s residence when the last order establishing or modifying time sharing was entered. The obvious intention of this law is to enable both mothers and fathers to enjoy meaningful time with their children.

Situations arise where one parent cannot or may chose not to continue to reside in the same geographic area. Job opportunities, proximity to other family members, illness, or other economic considerations may make it desirable to relocate beyond the 50 – mile limitation.

In those cases, a parent seeking to relocate has two options:

Obtain an agreement to relocate from the other parent

If the non – moving parent does not object to relocation, the parent seeking to move may obtain a n agreement from the other parent to relocate. This agreement must be in writing and requires specific language to comply with the Florida Relocation Statute , § 61.13001, Florida Statutes . Further, the agreement must be submitted to the Court and then approved by an order. Although not specifically addressed in the statute, we strongly recommend that the Court order be signed prior to the move.

When the other parent will not agree to relocation

If the parents cannot agree on relocation, the parent seeking to move must file a Petition for Relocation with the Court. A Petition for Relocation involves a complicated process, and failure to strictly comply with any of the provisions in the statue could result in the denial of your petition even before the Court addresses the merits of your case . If you move before obtaining the Court’s approval, you may be required to return the children , with or without you. When a parent seeks to relocate, the law states that the case must be given priority on the court’s calendar. In fact, a parent can re quest that the court temporarily allow the relocation and those temporary hearings are to be heard within 30 days of filing. Final hearing s are to be heard within 90 days of filing.

The parent seeking to relocate must prov to the court that the relocation will be in the children’s best interest, and there are 11 factors defined in the relocation statute that the Court evaluates in making a decision.

If you object to the other parent relocating

On the other hand, if you are faced with the possibility that your children’s other parent wants to move away, and you feel that is not in the children’s best interest, then you need to be equally prepared to show the Court why the factors a judge must evaluate prove that a relocation is not in the children’s best interest.

Should the other parent move without obtaining your written approval, you may ask the Court to require that the relocating parent return with the child. It is important to act quickly because if you fail to take action quickly the Court may view this as an implied agreement to relocate. This could adversely impact your case.

Relocation is not a simple process.

Relocation is definitely one area where, regardless of your position, hiring a seasoned family law attorney is a must.

Our firm is experienced in handling relocation cases, whether you wish to move or whether you oppose relocation. From your initial consultation, we will review your unique circumstances and give you an honest evaluation of your particular situation. Regardless of whether you desire to move or whether you oppose a relocation with your children, the Law Office of Cindy S. Vova always keep the best interests of your children at heart. Contact us at 954 – 316 – 3496 or info@vovalaw.com to discuss relocation before you make a move