Written By: Lenorae C. Atter, Attorney
Wood, Atter & Wolf, P.A.
Relocating with your child in Florida does require action on your part if you are not married to the other parent. When moving more than 50 miles away, you are required to file an action with the court giving notice that you intend on moving. This document must be provided to the other parent as well. The only way around this rule is if you have previously reached an agreement with the other parent and put that agreement in writing, then you must file that plan with the court that maintains jurisdiction on the case (most likely where time-sharing was ordered).
Florid Statute 61.13001 lays out a map for all required language needed in the document. Once it is filed and the other party is given notice, then the other party may file an Objection with the court within 20 days. If an Objection is not filed with the court, then there is a presumption that the move is in the best interest of the child. If there is an objection, then the court will require a hearing to make a ruling on whether the move is in the best interest of the child and to determine the best time-sharing [visitation] plan for the situation. Often these plans include the cost for transportation to be covered by one or both parents.
If you are seeking to relocate, or object to the other parent’s location, then you should speak with an experienced family law attorney to make certain that you fully comply with the Relocation statute.