The laws in Florida governing relocation have recently changed. Florida Statutes provide that should a primary residential parent (primary custodial parent) desire to move more than 50 miles from their original residence, they must send written Notice to the secondary residential parent. The Notice of Intent to Relocate must have specific content as outlined by the Statue and must propose a modified visitation schedule should the relocation occur. The Secondary residential parent must file an objection with the Court within thirty (30) days if that parent does not consent to the relocation. Thereafter, a hearing will be heard by the assigned Judge and the decision will be based on many factors in the relocation statute.
Relocation mostly affects the visitation schedule of the Secondary residential parent. For example, should a mother who has primary residential custody desire to move to California, this of course will affect an alternating weekend visitation schedule. Relocation also affects the children which is the reason the Statute governing relocation focuses on the "best interest of the children" standard. The Statute only addresses the primary residential parent moving, not the secondary residential parent. Therefore, the secondary residential parent does not have any limitations as to whether they may move or not. The reason for this is that the children will not be moving with the secondary residential parent. However, should a secondary residential parent desire to move, that parent may bring an action to modify the previous visitation schedule in order to accommodate his/her move.
A trend has somewhat been established in Florida courts that does not favor relocation. However, certain facts may have an impact on whether a Judge will allow the relocation. Recently, there have been legal decisions that have interpreted the reasons why a parent may move with the minor child. Having representation may support your decisions to move with the minor child or defend against the minor child moving with the primary residential parent.
It is important that you seek representation should either parent intend to relocate. Please contact us today to schedule an appointment.
