Parental Relocation ◦ Miami, Fort Lauderdale, Palm Beach, Florida, Family Law Attorney
Parent Relocation After Divorce
Florida Law holds that it is in the best interests of a child to maintain a relationship with both parents. The need to modify any court order after a final child custody or time sharing order is in place or the desire to move away from area where the divorce decree was issued can be expected to have a significant effect on the interest of the noncustodial parent (to maintain a close relationship with his or her child), as well as on the child's interest in sustained contact with both parents. Furthermore, because a relocation will interfere with court approved visitation arrangements, child custody or time sharing, a parental relocation proposal will need to be approved by the court.
In October 2006, the Florida statutes were amended with stricter guidelines for parental and child relocation. It is critically important to seek legal advice from a knowledgeable family law attorney if you are a parent trying to prevent child removal or a parent trying to move away with your child. Parental relocation disputes are complex. Without experienced legal representation, you may run the risk of losing your parental relocation litigation.
If you need to move to a distant city or another state with a former spouse's child, contact Levey, Filler, Rodriguez, LLP, which has represented numerous clients in dealing with relocation issues. Our family lawyers provide you with the support necessary to ensure that the relocating parent or the parent remaining behind are able develop a proper strategy and understanding of the rights and responsibilities inherent in any relocation, to help protect your interests and to ensure that the interests of the child(ren) are analyzed
Parent relocation cases focus on the reason for the need to move
A Florida family court judge is likely to grant a request for relocation if it is submitted in good faith and supported by sound reasons. Career moves, job relocation, job transfers, financial needs or educational opportunities are the most frequent reasons for relocating. The court must also find that the relocation is in the child's best interests. To ensure that the child is able to maintain a sustained relationship with both parents, the relocating parent should try to work out visitation, time sharing or custody arrangements that meet the needs of both the child and the other parent. Any objections to a proposed move or relocation should be based on the child's interests, not the opposing parent's inconvenience of the proposed relocation. The additional expenses involved in long-distance visitation, however, should be taken into account in working out new visitation, time sharing or custody arrangements. The Florida court will most likely also evaluate the amount of time the non-custodial parent spends with the child, how the parents have adhered to their existing plan, the financial stability of the parents and the age of the children.
How does relocation work?
Any relocation with a child must comply with Florida Statute § 61.13001, titled "Parental Relocation with a Child". Failure to do so could result in one parent being held in contempt of court and be ordered by the court to return the children.
If the proposed relocation is uncontested, Florida statutes require a written agreement specifically including the following:
1. A statement which 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. Describes, if necessary, any transportation arrangements related to access or time-sharing.
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 shall seek ratification of the agreement by court order without the necessity of an evidentiary hearing unless a hearing is requested, in writing, by one or more of the parties to the agreement within 10 days after the date the agreement is filed with the court. If a hearing is not timely requested, it shall be presumed that the relocation is in the best interest of the child and the court may ratify the agreement without an evidentiary hearing.
If the proposed relocation is contested, the relocating parent must serve a "Petition to Relocate". The parent who is not relocating must then respond within 20 days, and the court will then schedule a contested hearing. Many factors are considered by the court, and time lines must be followed carefully. If a parent does not follow Florida Statutes as set forth below, he or she could be held in contempt of court.
A petition to relocate must include the following:
1. A description of the location of the intended new residence, including the state, city, and specific physical address, if known.
2. The mailing address of the intended new residence, if not the same as the physical address, if known.
3. The home telephone number of the intended new residence, if known.
4. The date of the intended move or proposed relocation.
5. A detailed statement of the specific reasons for the proposed relocation. If one of the reasons is based upon a job offer that has been reduced to writing, the written job offer must be attached to the petition.
6. A proposal for the revised post relocation schedule for access and time-sharing together with a proposal for the post relocation transportation arrangements necessary to effectuate time-sharing with the child. Absent the existence of a current, valid order abating, terminating, or restricting access or time-sharing or other good cause predating the petition, failure to comply with this provision renders the petition to relocate legally insufficient.
Relocation without court approval might be a crime
Under Florida and potentially federal law, it may be a crime if you move outside the state or country where the court order of visitation, time sharing or custody was filed. Permission of the court is necessary to avoid the risk of criminal liability. It's against the law to interfere with court-ordered visitation time sharing or custody rights, and moving out of state or to another country without court approval would certainly amount to interference.
To ensure that you protect your rights or comply with your obligations in any parental relocation, contact Senior Partners David Filler or Catherine Rodriguez at 305.672.5007 to consult with an experienced lawyer who can provide immediate attention to your legal needs.
