This is especially important when there is a need for a parent to transfer to another city or state for a job opportunity, or if it appears a parent is seeking to relocate to avoid support payments. If you need guidance on how to apply for relocation or fight against a parent relocating, even temporarily, contact Kramer Law for a free consultation today. Speak with an experienced Florida attorney at our firm today. Call Kramer-Now Less paperwork and fewer court proceedings are involved if two parents and all others entitled to time-sharing formally agree to relocation with a child.
Florida law states that in such cases, the parent who wishes to move can do so with an agreement in writing that does the following:. If a time-sharing agreement order already exists, then that agreement must be ratified and filed in court to reflect the relocation. However, the parties do not have to appear in court and the relocation is considered approved once the agreement is filed unless a court evidentiary hearing is requested in writing within 10 days.
If a parent or guardian with the majority of time-sharing plans to move, then he or she must notify the other parent and all others in writing, titled a Notice of Intent to Relocate.
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The Notice must list and detail every reason for the proposed move, including if any of the following exist:. The Notice must also include a proposed revised time-sharing schedule after the relocation, including any transportation arrangements affecting any parties with access to the children. Form A failure to include in the petition the sixth item listed above a proposed timesharing or access schedule and a proposal for transportation to effectuate the schedule—can have significant adverse consequences.
Orlando Attorney Representing Clients in Florida with Relocations Cases
The Florida Supreme Court has approved a form for a petition for dissolution of marriage, which includes a request to relocate [Fla. If there is a pending court action regarding the child, service of process may be affected according to court rule. If a parent or other person who desires to relocate with a child serves a petition to relocate on a parent or other person who is entitled to timesharing with, or access to, the child [see [i], above], and the person who is served desires to object to the relocation, he or she must serve a verified answer objecting to the proposed relocation within 20 days after service of the petition.
Accordingly, the court must enter an order 1 allowing the relocation, 2 specifying that the order is being entered as a result of the untimely response or failure to respond to the petition, and 3 adopting the timesharing or access schedule and transportation arrangements set forth in the petition. If a motion seeking temporary relocation is filed, a hearing must be held no later than 30 days after the motion is filed unless good cause exists for scheduling a later hearing.
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There is a relatively detailed list of factors that a trial court must consider in determining whether to permit a temporary or permanent relocation. The statutory relocation factors set forth in the and versions of the relocation statute are nearly identical to the factors set forth in the version of the statute, and are similar to some of the factors set forth in the version of the statute [see Fla.
There are not many district court opinions that applied the previous relocation factors.
However, several such appellate opinions do exist. Paskiewicz, So. Muller, So.
Florida Child Relocation After Divorce
Heckerman, So. In Muller v.
After Muller, the Third District again addressed the relocation statute in Paskiewicz v. Gambone, So. However, citing Section Heckerman [ So. Under the and versions of the relocation statute [see Fla. A conflict that existed under the prior statutes and that remains under the statute is what constitutes a continuing, meaningful relationship. One appeals court interpreting the statute held that a continuing, meaningful relationship was to be determined on its own merits, apart from the existing schedule of visitation [see, e.
Parental Relocation After Divorce | Family Law in Florida
Florida statute covers the necessary steps needed for said action. A new plan covering time-sharing and parental responsibility must be developed and submitted.
To that end, the new agreement must deal with any geographic related issues. These consist of time-sharing arrangements that address long-distance particularities. Upon submission, Florida courts will generally approve terms where both parties are in agreement. Sometimes, a hearing may be required prior to finalization.
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This generally occurs upon the request of one party. Contested relocations are far more common. Both parents seldom agree on relocation terms. In this event, the relocation is considered contested.
Divorce and Family Law Practice
If you are seeking relocation, Florida statute dictates the relocating party submit certain pertinent information, including: the city and state to where one wishes to relocate, and the reasoning behind said move. Valid reasoning and analysis of the statutory facts are paramount in successfully litigating relocation cases. Failing to comply with the child relocation statute is a grave misstep, said action could result in:. If you are a non-relocating parent, statute comprehension is critical.
The non-relocating parent must file an objection by the time period specified within the order to properly defend their legal rights. Whether your relocation is contested or uncontested, a judge will evaluate your case based on the Florida statute governing relocation.