Child relocation is on the rise as our society becomes increasingly mobile. A parent who wants to relocate more than 50 miles from their principal address with a child who is under the jurisdiction of a state court must either; obtain written permission from the other parent or petition the court for permission to relocate. A temporary move shorter than 60 days (or for education or medical care for a child) does not constitute a change in residency.
Cases dealing with child relocation in Florida are governed by F.S. § 61.13001. The criteria for accepting or denying a petition are laid out in the statute and must be followed strictly.
The Miami attorneys at the Kirlew Law Firm understand the emotional turmoil that comes with deciding to relocate a child. For the non-relocating parent, the potential loss of parenting time can be a source of worry and anxiety. Deciding to move can also be a daunting prospect for the relocating parent. No matter which side you find yourself in, our experienced legal team can assist you throughout this process.
The Court will always evaluate what is in the child’s best interests when one parent wishes to move a long distance away from them. Our experienced attorneys can file your petition with speed, factual accuracy, and a compelling plan to provide for your child’s best interests. Call our office at (305) 521-0484 for a consultation today!
Uncontested Child Relocation in Florida
In some cases, both parents agree that relocating with the minor child is in the child’s best interest. In these situations, a petition for relocation must be filed with the court, along with the written agreement which reflects the consent to relocate. The agreement must address specific issues such as parental responsibility and time-sharing, which addresses a long-distance timesharing schedule. In most cases, Florida courts will approve the terms of an agreement if both parties agree. Sometimes, however, the court requires a hearing before finalizing a request — generally, a hearing occurs ten days after the agreement is filed upon one parent’s request. Without a timely hearing request, the court may ratify the relocation agreement without a hearing under the presumption that it is in the child’s best interest.
Contested Child Relocation in Florida
Uncontested relocations are rare. Most parties want to keep their timesharing schedules the same. If parents cannot agree, the Florida court system will ultimately decide for them. To be eligible for relocation, the relocating parent must submit essential information related to the move, including the city and state where they wish to move, the reason for the move, how the move will impact the child, how the move would improve both the child’s and the relocating parent’s life. These are just some factors the court must consider in making a final determination. A thorough presentation of all the evidence must be presented to the Court along with testimony to present the case to the court accurately.
Failure to comply with the relocation statute can result in the court denying your relocation petition.
A non-relocating parent must file an objection within the period specified within the court order to defend their parental rights. Failure to do so could result in the petition for relocation being granted by default.
Seasoned family law lawyers, such as the ones at Kirlew Law firm, know how to protect our client’s parental rights and fight for what’s best for families and, most notably, the children involved.
Temporary Relocation Before Trial Begins In Florida
Per Florida’s child relocation statutes, the court must hold a hearing within 30 days of a party’s request to determine if temporary relocation is in the child’s best interests. With our passionate team of family law attorneys, we will fight for your parental rights and your child’s best interests with meticulous dedication.
Violation of Florida Child Relocation Statute
Violating Florida child relocation statutes carries serious consequences. According to state law, violators may be held in contempt of court. It is possible for the court to order the child’s return and the offending parent to repay any expense the victimized parent incurred in visiting their child during the contempt period.
Contact the Kirlew Law Firm for Skilled Divorce Representation in South Florida!
Heidi Kirlew, Esq. and her team of qualified and experienced Miami family law attorneys can help you understand what to expect from a child relocation case in Florida. Call our office at (305) 521-0484 or contact us online if you have questions about child relocation during a divorce.
Heidi S. Kirlew
Our Areas of Specialty in Family Law
Of all of the fields of law, family law is undoubtedly the most sensitive. Since it involves loved ones, former loved ones, and closely connected individuals, these cases pit people who have a shared relationship against one another. Personal details will be aired and used to advance or defend a case, leaving individuals feeling more vulnerable than they’d like.
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