The laws in Florida governing relocation have recently changed. Florida Statutes provide that should either parent desire to move with the child or children more than 50 miles from their original residence, they must send written Notice to the other parent. The Notice of Intent to Relocate must have specific content as outlined by the Statue and must propose a modified visitation/timesharing schedule should the relocation occur. The other 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/timesharing schedule of the other parent. For example, should a mother who has more timesharing desire to move to California, this of course will affect an alternating weekend visitation/timesharing 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 parent moving, not the other parent. Therefore, the other 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 parent staying in Florida. However, should the parent staying in Florida desire to move, that parent may bring an action to modify the previous visitation/timesharing 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.
