TELL ME ABOUT RELOCATION REQUESTS IN THE FAMILY COURTS OF FLORIDA
Relocation requests in family courts of Florida refer to cases where one parent wishes to move with their child or children to a new location that is a significant distance away from the other parent. These types of cases can be highly emotional and complex, and they require careful consideration from the court.
In Florida, relocation requests are governed by Florida Statute §61.13001, which sets out the legal requirements for a parent seeking to relocate with their child. Under this statute, a parent who wishes to relocate with their child must obtain either the other parent’s written consent or a court order allowing the relocation.
If the other parent objects to the relocation, the relocating parent must file a petition for relocation with the court. This petition must include specific information, such as the proposed new location, the reasons for the relocation, a revised parenting plan, and a proposal for transportation arrangements.
Once a petition for relocation is filed, the non-relocating parent has 20 days to file an objection with the court. If the non-relocating parent files an objection, the court will schedule a hearing to consider the matter.
At the hearing, the court will consider a number of factors when determining whether to allow the relocation. These factors include the child’s relationship with each parent, the child’s age and developmental needs, the reasons for the proposed relocation, the impact of the relocation on the child’s education, and the ability of each parent to maintain a meaningful relationship with the child.
Ultimately, the court’s decision will be based upon what is in the best interests of the child. If the court allows the relocation, it will typically modify the parenting plan accordingly to ensure that the child’s relationship with both parents is maintained to the extent possible.
Relocation requests in the family courts of Florida can be complicated, and it is important to have an experienced family law attorney to guide you through the process.
