PARENTAL RELOCATION WITH A MINOR CHILD: UNDERSTANDINGTHE LAW & YOUR RIGHTS WHEN THE REQUEST FOR RELOCATION HAS BEEN AGREED TO BY BOTH PARENTS

Relocation can be a confusing and complex topic to understand for divorced or separated parents, especially when children are involved. In Florida, parental relocation is not simply a matter of packing up and moving out of the State of Florida (or even to a different County, City, or section of the State of Florida)—it’s a legal process governed by specific statutes to ensure the child’s best interests are protected. If you’re considering relocating or facing a relocation request by the other parent, understanding Florida’s parental relocation laws is essential. In this blog, we will discuss Florida law regarding relocation with a minor child in cases where the request for relocation has been agreed to by the parents (i.e., relocation by agreement).

• ‍WHAT IS PARENTAL RELOCATION?

Under Florida law, relocation refers to a parent moving more than 50 miles from their current residence for at least 60 consecutive days, but not including a temporary absence from the principal residence for purposes of vacation, education, or the provision of health care for the child. Specifically, under Florida Statute § 61.13001, “relocation” means a “change in the location of the principal residence of a parent or other person from his or her principal place of residence at the time of the last order establishing or modifying time-sharing, or at the time of filing the pending action to establish or modify time-sharing.”  

• ‍IF BOTH PARENTS AGREE TO THE RELOCATION, DO THEY HAVE TO FILE ANYTHING WITH THE COURT?

Under Florida law, if the parents and every other person entitled to access to or time-sharing with the child agree to the relocation of the child, they may sign a written agreement that:

1. Reflects consent to the relocation;
2. Defines an access or time-sharing schedule for the nonrelocating parent and any other persons who are entitled to access or time-sharing, and
3. Describe, if necessary, any transportation arrangements related to access or time-sharing.

Also, if there is an existing cause of action, judgment, or decree of record pertaining to the child’s residence or a time-sharing schedule, the parties must seek ratification of the agreement by court order. An evidentiary hearing is not required unless a hearing is requested, in writing, by one or more of the parties to the agreement. The request has to be filed within 10 days after the date the agreement is filed with the court. If a hearing is not requested in a timely manner within the required 10-day time period, then a court can presume that the relocation is in the best interest of the child, and the court can ratify the agreement without an evidentiary hearing.

• ‍CONSEQUENCES OF RELOCATING WITHOUT COURT PERMISSION AND/OR IN VIOLATION OF FLORIDA’S RELOCATION LAWS.

Relocating the child without complying with the requirements of Florida law subjects the relocating 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 factor in making a determination regarding the relocation of a child.
2. A factor in determining whether the parenting plan or the access or time-sharing schedule should be modified.
3. A basis for ordering the temporary or permanent return of the child.
4. 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. 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.

• ‍CAN THE COURT ADJUST AN EXISTING CHILD SUPPORT AWARD TO TAKE INTO ACCOUNT TRANSPORTATION COSTS RELATED TO VISITING THE RELOCATED CHILD?

If applicable (depending on the facts of your case), the court can specify how the transportation costs are to be allocated between the parents and other persons entitled to contact, access, and time-sharing and under Florida Statute § 61.13001 the court may adjust the child support award, as appropriate, considering the costs of transportation and the respective net incomes of the parents in accordance with the state child support guidelines schedule.

FINAL THOUGHTS

Parental relocation in Florida involves careful legal considerations and a focus on the child’s best interests. Thus, understanding your rights and responsibilities is essential. By following the proper legal channels and prioritizing your child’s well-being, you can work toward a resolution that supports a healthy and stable future for everyone involved.

CONTACT THE EXPERIENCED MARITAL & FAMILY LAW ATTORNEYS AT THE JOSEPH FIRM, P.A.

If you require legal counsel regarding Marital & Family law in the State of Florida, you can contact The Joseph Firm, P.A. Attorney Marck K. Joseph, Esq., BCS is Board Certified Marital and Family Law expert and the owner of The Joseph Firm, P.A. With almost fifteen(15) years of experience in Martial & Family Law, he is uniquely qualified in helping in most types of family cases.

If you are involved in a family law matter in Florida, consulting with an experienced family law attorney can help you navigate the legal process while advocating for the best interests of your child. Our law firm fully understands the challenges of navigating marital and family law issues, and we’re always ready to provide the highest quality legal representation. Whether your case settles outside the courtroom or goes to trial (or final hearing), our attorneys go the extra mile for every client.

Our firm offers free case evaluations to determine whether the firm can assist you with your case, and if we can, a case consultation meeting will be scheduled. The experienced divorce lawyers at Joseph Firm, P.A. are ready to hear your story. We provide intelligent, aggressive family law representation to clients. To learn more, call (305) 501-0992.