Relocation Laws in Florida have changed with the passing of Florida Statute 61.13001. In the past, Florida has allowed the custodial parent to relocate if it was in the minor child’s best interest. The laws have gradually changed and become more complex. This was due in large part to the elimination of the designation of custody. Time sharing and Parenting Plans have now replaced custody and as a result, it has become increasingly difficult for a parent to move with their children.
Currently, the Florida Statute must be strictly construed and it allows for a Relocation of a Notice of Intent to Relocate and is served upon the other parent and they fail to respond. In that instance their failure to file a response results in a default or a consent to relocation.
The petition to relocate must be very specific. It must include the date of the planned relocation, a Proposed Alternate Relocation Time sharing Schedule and a detailed estimate of the transportation costs from the new destination and the other parent’s residence.
The new Statute requires it to be followed in all cases in which the parent wants to relocate more than 45 miles from their previous residence.
In the event the Statute is followed and the responding parent objects to relocation, that parent must serve the written responses upon the parent attempting to relocate. If the responses are not served as required by the Statute, a consent to the relocation can still be entered.
If both parties strictly comply with Florida Statute 61.13001, a hearing will be scheduled and a trial conducted to determine if the Relocation should be entered.
Judges have begun moving away from approving relocations, but if handled properly, they can still be approved.