Relocation

Relocating without complying with the requirements of Florida Statute Section 61.13001 can have serious consequences. A court may order the immediate return of the child, hold the relocating parent in contempt, and consider the unauthorized relocation as a factor in any pending or future timesharing and parental responsibility proceedings. Noncompliant relocation can also significantly affect a parent's credibility before the court in any subsequent family law matter. If you are considering a move that may qualify as relocation under the statute, consulting with an attorney before you act is essential.

Florida courts do not apply a presumption for or against relocation. Instead, the court evaluates a relocation petition based on a comprehensive set of factors set forth in Florida Statute Section 61.13001, all of which are weighed against the best interests of the child. The factors address the circumstances of both the relocating and non-relocating parent, the child's relationships and developmental needs, and the feasibility of maintaining a meaningful relationship with the non-relocating parent if the move is approved. The weight given to any particular factor depends on the specific facts of the case. Rosanna can walk you through what is likely to matter most in your situation.

If every person entitled to timesharing agrees to the relocation, the parents may enter into a written agreement that sets out the new timesharing schedule, transportation arrangements, and any other terms necessary to address the change. Under Florida Statute Section 61.13001, that agreement must be signed by all parties, notarized, and filed with the court. Once filed and approved by the Court, the agreement is enforceable as a court order without the need for a hearing. Even when the other parent is in agreement, having an attorney prepare or review the relocation agreement is advisable to ensure it addresses all necessary terms and is enforceable if circumstances change.