Relocation as a Parent

After a married couple gets divorced, it is common for one or both individuals to decide to move away and live somewhere else. This can be for many reasons, such as starting a new line of work or staying closer to relatives. When children are involved, however, the moving process can be complicated. If parental relocation is not handled properly, it could lead to unnecessary consequences. Parental relocation is governed by §61.13001 of the Florida statutes.

Relocation can take place in two ways. The first way is through an agreement between the parents and others entitled to timesharing. This method requires minimal involvement from the courts beyond simply ratifying the agreement. To satisfy the conditions for a relocation by agreement, there must be a written agreement signed by all parties that meets the following requirements:

1. Reflects consent to relocation
2. Defines timesharing schedule for nonrelocating individuals
3. Describes transportation arrangements related to the new timesharing schedule, if needed

Unless one of the receiving parties requests a hearing within 10 days of the agreement’s filing, there does not need to be such a hearing held. If no hearing takes place, the court presumes that the relocation is in the best interest of the child and may ratify the agreement.

If an agreement cannot be drafted and signed, whether this is because the other party does not want to agree or other circumstances are at play, there is a second option available. The party seeking to relocate may file a petition to relocate with the court and serve it to the other parties entitled to timesharing. The petition must contain the following elements:

1. A description of the location of the intended new residence, including the state, city, and physical address (if known)
2. Mailing address of intended new residence (if known)
3. Home telephone number of intended new residence (if known)
4. Date of intended move or proposed relocation
5. Detailed statement of the specific reasons for proposed relocation
   1. If one of the reasons is a job offer that has been made in writing, the offer must be attached to the petition
6. Proposal for revised timesharing schedule, including a proposal for transportation arrangements necessary
7. The bottom of the petition must contain text warning the other parties that they have 20 days to file a timely objection to relocation (the specific verbiage can be found in §61.13001)

If any parties who received the petition do not file a response objecting to the relocation, the court presumes that the relocation should go forward and will enter an order accepting the petition. If such a timely response is filed, the petitioning party legally cannot relocate. The issue must then proceed to a hearing.

In either case, the petitioner must make sure that they comply with all requirements outlined by the statute. Failure to do so can result in contempt charges and negative consequences concerning his or her side of timesharing.

If you are a parent and wish to relocate, you will need an experienced family law attorney who can ensure that all the proper steps are followed so you can have a low stress move. Call Hendry & Parker, P.A, in downtown Dunedin, at (727) 205-5555 today for a free consultation.