Relocation Cases in Divorce

Relocation Cases in Divorce – Miami Family Law Attorney

Judges uniformly say that relocation cases in divorce are some of the toughest cases they have. This is because in relocation cases in divorce the judge is deciding between two parents who love their child or children very much. However, the reality of today’s fast-moving economy often requires relocation cases in divorce to arise. In Florida there is a specific statute that deals with relocation cases in divorce.

For relocation cases in divorce, Florida Statute 61.13001 defines relocation as follows:

“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. The change of location must be at least 50 miles from that residence, and 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.

When a parent seeks to relocate in divorce then that parent must either get a written agreement from the other parent with specific information included for the relocation in divorce.

If there is no agreement in relocation cases in divorce, then the parent seeking to relocate must file a request to relocate via a petition to relocate and serve it on the other parent with a specific parenting plan outlining the timeshare (custody) that the other parent will have after the relocation case in divorce. It is important that all necessary steps are followed or the request for relocation can be denied for technical reasons. When defending against relocation in divorce several factors weigh in against the relocation such as the interruption of an involved parental relationship.

If you have a relocation case in divorce whether seeking the relocation or defending against the relocation, please call the lawyers at Filler Rodriguez, LLP at 305.672.5007 to assist you.