Relocating Out of State – What Are the Florida Family Law Rules in Place?

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Following a divorce, when one Jacksonville Florida parent wants to move out of the State of Florida it can affect all parties involved, including: parents, children, grandparents and other extended family. As such, disputes often arise and may be difficult to resolve. According to Florida’s Relocation Statute, § 61.13001, strict procedures must be followed in relocation cases. Before a parent moves a child more than 50 miles away from their principal address, the primary residential parent must either: obtain a written agreement from all parties entitled to visitation with the child, or file and serve a Notice of Intent to Relocate.

A Jacksonville Florida parent may legally relocate the child’s principal residence more than 50 miles away if the relocating parent and the non relocating parent, along with any other person entitled to visitation with the child agree to the relocation by written agreement. A verbal agreement is not enough. The written agreement must include the following: consent of the relocation from all parties involved; visitation rights for the non relocating parent and anyone else entitled to visitation with the child defined; and any transportation arrangements related to the visitation, if necessary.

If the parents cannot agree to relocation by a written agreement as discussed above, then the primary residential parent must file a Notice of Intent to Relocate. The Notice of Intent to Relocate must be signed under penalty of perjury and include specific and detailed reasons for the proposed move such as: financial reasons, a better job, better schools, increased family support, etc. In addition, a new proposed visitation schedule for the non relocating parent must be included. The non relocating parent has 30 days to object to the relocation after they have received the Notice of Intent to Relocate. If the non relocating parent does not timely object, then the relocation will be allowed, unless the court finds that it would not be in the child’s best interest.

For more information on this topic, see Florida’s Relocation Statute.