Law Office of A. James Mullaney

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Parental Relocations in Florida

Florida law treats relocation of a parent with a child as a serious, regulated event. Under Florida Statutes §61.13001, a parent who shares time-sharing cannot move more than 50 miles away for more than 60 consecutive days without either the other parent's written consent or a court order.

By Agreement: The Simple Path

If both parents agree to the move, you sign a written relocation agreement that includes:

  • Consent to the relocation
  • A revised time-sharing schedule reflecting the move
  • Any adjustments to transportation arrangements
  • Updated contact information

The agreement is filed with the court and ratified by the judge.

Without Agreement: The Petition to Relocate

If the other parent objects, you must file a Petition to Relocate. It must include:

  • The proposed new residence address (including city, state, and country)
  • The home telephone number at the new residence, if known
  • The date of the intended move
  • A detailed statement of the specific reasons for the move
  • A proposed new post-relocation time-sharing schedule
  • A proposed transportation plan

Factors the Court Considers

Florida judges evaluate many factors including:

  • The child's relationship with each parent
  • The age and developmental stage of the child
  • The feasibility of preserving the relationship with the non-moving parent
  • The reasons for the proposed relocation
  • The career and other opportunities for the relocating parent
  • The quality of life improvements for the child and relocating parent
  • Any history of domestic violence or substance abuse

Objecting to a Relocation

If you have received a Notice of Relocation, you have a limited time to file a formal objection. Failing to object in time generally means the relocation is permitted.

Whether you are planning to move or responding to the other parent's move, call 904-858-4334 or contact me online.

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