Florida Parental Relocation

Florida Parental Relocation www.beinerlaw.com 1

FLORIDA PARENTAL RELOCATION

“If your child’s other parent has informed you of his/her plans to relocate with your child, it is important for you to

know that you have the right to object to the move; however, your objection must be in writing and filed with

the court within the time frame specified by the law.”

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If you are the single parent of a minor child and you wish to relocate with the child,

it is imperative that you understand your rights and responsibilities before you

make any permanent plans. Relocating with your child is possible, even if your

child’s other parent objects, only if a court authorizes the move ahead of time.

Conversely, if your child’s other parent has informed you of his/her plans to relocate

with your child, it is important for you to know that you have the right to object to

the move; your objection must be in writing and filed with the court within the time

frame specified by the law.

There are serious, long-lasting consequences to a parent for not knowing what the

Florida Parental Relocation law requires and allows. To ensure that you are in


compliance, and that your rights are protected, it is always best to consult directly

with an experienced Florida family law attorney. Call Beiner, Inkeles, and Horvitz at

561-750-1800 for a consultation with regard to the specific circumstances of your

case. While you are considering your next step, a basic understanding of the laws

and procedures relating to the relocation of a minor child may be beneficial to you.

Shared Parental Responsibility in Florida

Not all that long ago, both society and the law operated under the presumption that

a mother would be given the

primary care and

responsibility for minor

children when the parents

did not live together.

Traditionally, courts

reflected this widely held

belief by awarding “primary

custody” or “physical

custody” to the mother, while

a father was awarded

“visitation rights” or “joint legal custody” of the child (ren). Most states, including

Florida, no longer operate under this presumption in favor of the mother. In fact

Florida no longer uses the term “custody” at all. Instead, Florida law requires that a

court “order that the parental responsibility for a minor child be shared by both

parents unless the court finds that shared parental responsibility would be

detrimental to the child.”


What is a Parenting Plan?

When the parents of a minor child do not live together, either as a result of divorce

or because the child was born out of wedlock, Florida requires the parents to submit

a “Parenting Plan” to the court. The Parenting Plan will address things such as child

support and “time-sharing.” A time sharing schedule is essentially what was once

referred to as a “visitation schedule.” Florida no longer awards “custody” to one

parent; instead the time sharing schedule sets forth the time the children will spend

with each other parent, as well as transportation arrangements to and from each

parent’s home.


Can I Move Whenever I Want? If you wish to move a significant distance from where you currently reside, you

cannot simply pick up and move with the child; if you do, you risk serious judicial

consequences. Florida Statute 61.13001 governs parental relocation with a child.

The provisions of the statute apply if you plan to move “at least 50 miles from your

current residence for at least 60 consecutive days not including a temporary

absence from the principal residence for purposes of vacation, education, or the

provision of health care for the child.” The statute makes it clear that court approval

is required to relocate with a minor child if anyone, other than you, has time-sharing

rights to the child.

Relocation by Agreement

If your child’s other parent (and/or anyone else with time sharing rights to the

child) agrees to your relocation plans, the legal process for approval of your

relocation is relatively simple. In that case, an agreement may be filed with the court

that:

1. Reflects consent by the other parent to the relocation;

2. Defines an access or time-sharing schedule for the non-relocating parent and

any other persons who are entitled to access or time-sharing; and

3. Describes, if necessary, any transportation arrangements related to access or

time-sharing.


What If the Child’s Other Parent Objects?

Not surprisingly, relocation by agreement is not always possible. Often, the other

parent does not want the child to move so far away that it interferes with his/her

time spent with the child. If the parents cannot agree about the relocation, there are

specific steps that must be followed to relocate with your child. When there is no

agreement, the parent wishing to relocate must file a Petition to Relocate with the

court. A copy of the Petition must be served on the other parent and anyone else

with rights to the child. The Petition must contain the following:

A description of the location of the intended new residence.

The mailing address of the intended new residence, if known

The home telephone number of the intended new residence, if known.

The date of the intended move or proposed relocation.

A detailed statement of the specific reasons for the proposed relocation.

A proposal for the revised post-relocation schedule for access and time-

sharing together with a proposal for the post-relocation transportation

arrangements.

A statement advising the Respondent of the consequences for failing to

respond to the Petition.

What Happens Next?


After the Petition

has been filed and

served, one of two

things may happen.

If the Respondent

(other parent) fails

to file an objection

within the time

allotted, the court

will presume that

relocation is in the best interests of the child. The court will then adopt the time-

sharing and transportation schedules included in the Petition and issue an

expedited Order allowing the relocation to proceed.

If, however, an objection is filed with the court, an evidentiary hearing will be

scheduled at which a judge will determine if relocation is in the best interests of the

child.

NOTE: If you relocate with the child before the court has authorized the move, you

may be found in contempt of court and an Order may be issued requiring you to return

to the jurisdiction of the court with the child with whatever other sanctions the Court

deems appropriate.


Factors a Court May Consider When Considering a Petition to Relocate

If the Respondent files a timely objection, the court must decide whether or not

relocating is in the best interests of the child at an evidentiary hearing. In making its

decision, the court may consider the following factors:

The nature, quality, extent of involvement, and duration of the child’s

relationship with both parents and with other significant people in the child’s

life.

The age and developmental stage of the child, the needs of the child, and the

likely impact the relocation will have on the child’s physical, educational, and


emotional development, taking into consideration any special needs of the

child.

The feasibility of preserving the relationship between the non-relocating

parent and the child and how likely the relocating parent will be to comply

with time-sharing arrangements after the move.

The child’s preference.

Whether relocation will enhance the general quality of life for the parent and

the child.

The reasons for opposing the relocation.

The current employment and economic circumstances of each parent and

whether relocation is necessary to improve those circumstances.

That the relocation is sought in good faith and the extent to which the

objecting parent has fulfilled his or her financial obligations to the parent or

other person seeking relocation, including child support, spousal support, and

marital property and marital debt obligations.

The career and other opportunities available to both parents if the relocation

occurs.

A history of substance abuse or domestic violence

Any other factor affecting the best interest of the child.

If you are planning to relocate with your child, or you have been informed that

relocation is being requested by your child’s other parent, it is imperative that you

immediately consult with an experienced Florida family law to ensure that you are

in compliance with the Florida relocation laws and/or to ensure that your rights are

protected throughout the process. At Beiner, Inkeles, and Horvitz, a firm partner

experienced in relocation matters, stands ready to meet with you to answer your

questions and to protect your rights and those of your children.


About Beiner, Inkeles& Horvitz

Beiner, Inkeles & Horvitz, with offices in Boca Raton and New York City, is a boutique law firm (four attorneys with a combined experience of more than 100 years and two paralegals), large enough to have all of the latest, sophisticated modalities to ensure that our clients are receiving cutting edge legal support, yet small enough that each client receives the personal attention of one of our very experienced senior attorneys. We have extensive experience in all areas of family law, including negotiating and drafting Pre-Nuptial and Post-Nuptial Agreements; obtaining relatively simple, uncontested divorces; litigating complex divorce cases involving child-support, equitable distribution schemes, alimony, and pension and profit-sharing QDRO’s; seeking modification of existing support and visitation Orders.

We also meet with clients to understand their particular familial and financial circumstances, counsel them with regard to how they can pass their wealth to their loved ones as simply as possible, avoiding probate, while reducing or eliminating their potential estate tax exposure. Using Revocable (Living) Trusts, HEALTH CARE Proxies, Pre-Need Guardian Designations, and other such estate planning tools, we attempt to assure that our clients will be cared for and protected both during their lives and thereafter.

We invite you to call for a consultation with one of our senior attorneys to discuss your particular needs and concerns, so that we can advise and counsel you and attempt to resolve your matter amicably and expeditiously. Our firm offers mediation as a way to resolve conflict without lengthy and costly litigation. Stephen Beiner is a Florida Certified Mediator and Harvey Nussbaum now devotes all of his practice to mediation. We can either serve as a mediator to attempt to reso lve the pending issues in your matter or we can accompany you to mediation to make sure that your rights are protected during the negotiation and settlement process.

And if you have gotten a bad result in your case and you think the judge has erred, we handle appeals from previous decisions; appeals must be filed within 30 days of the decision being rendered by the Court.

Beiner, Inkeles& Horvitz, P.A. 2000 Glades Road, Suite 110 Boca Raton, FL 33431 Phone: 561.750.1800 Fax: 561.338.3803 Website: www.beinerlaw.com Email: [email protected]

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Florida Parental Relocation