In the state of Florida, adults are free to move to another city, state or country at any time. For divorced individuals with children, however, relocation can be an involved legal process. This is because of timesharing and parenting plans that are established by the courts at the time a divorce is finalized.
A significant move will most likely negatively affect the non-relocating parent’s time-sharing schedule with their child. With a goal of allowing both parents to build meaningful relationships with a child after a divorce, courts carefully examine relocation requests and determine the best course of action for the child.
What is Relocation?
In Florida Statute 61.13001, relocation is defined as:
“…a change in the location of the principal residence of a parent or other person from his or her principal place of residence at the time of the last order establishing or modifying time-sharing, or at the time of filing the pending action to establish or modify time-sharing. The change of location must be at least 50 miles from that residence, and for at least 60 consecutive days not including a temporary absence from the principal residence for purposes of vacation, education, or the provision of health care for the child.”
Essentially, relocation means moving with a minor child more than 50 miles from your current residence for period longer than 60 days.
Additionally, the above statute also stipulates that no parent may relocate with a minor child without consent from the other parent. Without consent from the other parent, the decision to relocate requires the permission of the court.
Florida Law And Relocation After Divorce
In Florida, a parent who is considering relocation must provide the other parent with 60 days advance notice of the move. The law then gives the non-relocating parent an opportunity to object.
If this happens, the court will decide whether or not to allow the parent to relocate with the child. The court’s order will be based upon the well-being and best interests of the child, and the judge will consider many factors in making a final decision.
Many military service members are concerned about how their time-sharing (child custody) arrangement will be affected if they are deployed overseas or transferred to a different base. It is important for military parents to know that they have the same rights as non-military parents when it comes to relocation and time-sharing concerns. Florida courts determine time-sharing disputes based on the best interests of the child, but must also consider the special circumstances of military families in rendering their decisions.
Strong Representation in Florida Relocation Cases
For parents looking to move with a child, relocation represents a fresh start and perhaps even a career boost following a difficult divorce. For the other parent in this situation, relocation may be viewed as a threat to his or her relationship with their child.
At the law office of Laura S. Coleman, P.A., we understand that parental relocation is one of the most challenging issues our clients face post-divorce.
Laura S. Coleman has more than 15 years of experience providing strong support and assistance to parents seeking to relocate with minor children.
We also provide legal assistance to parents hoping to prevent a relocation. When approaching relocation matters, our firm focuses on finding workable solutions and reducing conflict between the parties.
Get the information and advice you need to ensure your child’s best interests are protected. Call the law office of Laura S. Coleman, P.A., at (850) 626-8520 today. We look forward to speaking with you.