Make A Secure Move With A Jacksonville Relocation Attorney

Often, at the beginning or after the end of a divorce or paternity case, the parent with whom the child resides wishes to relocate. A move of a few miles does not usually create any problems. However, when longer distances are involved, there is an increased likelihood that the current parenting plan will become unworkable. This is when you may need a Jacksonville parental relocation attorney like me. You can find me at the Law Office of A. James Mullaney, where I serve clients throughout Duval County, Florida, and Georgia.

What Should I Know About Parenting Plans In Florida?

According to Florida Statutes Title VI. Civil Practice and Procedure § 61.13001, parental relocation is “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.” Additionally, “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.”

The statute requires that the parent wishing to relocate either (1) obtains a written agreement with the other parent (see more detail below) or (2) serve a Petition to Relocate on the other parent, who then has 20 days to object. Under § 61.13001, Florida Statutes (2024), a written agreement to relocate must:

1. Reflect the agreement of the parents
2. Define the new time-sharing schedule that will take place after the relocation
3. Describe any transportation arrangements related to the revised time-sharing schedule

Additionally, the parents must seek a judge’s approval of the relocation agreement. No hearing is required unless requested by one of the parents. If an agreement is not possible, the parent wishing to relocate must file a Petition to Relocate and have it served on the other parent. As stated in § 61.13001, Florida Statutes (2024), the petition must include:

1. A description of the location of the intended new residence (including the specific address if known)
2. The mailing address of the intended new residence (if different from the physical location)
3. The home telephone number of the intended new residence (if known)
4. The date of the intended move or proposed relocation
5. A detailed statement of the specific reason for the proposed relocation (if the relocation is based on a job offer, then the job offer must be attached to the petition)
6. A proposed revised parenting plan (time-sharing schedule) that addresses time-sharing and transportation
7. The statement, “A RESPONSE TO THE PETITION OBJECTING TO RELOCATION MUST BE MADE IN WRITING, FILED WITH THE COURT, AND SERVED ON THE PARENT OR OTHER PERSON SEEKING TO RELOCATE WITHIN 20 DAYS AFTER SERVICE OF THIS PETITION TO RELOCATE. IF YOU FAIL TO TIMELY OBJECT TO THE RELOCATION, THE RELOCATION WILL BE ALLOWED, UNLESS IT IS NOT IN THE BEST INTERESTS OF THE CHILD, WITHOUT FURTHER NOTICE AND WITHOUT A HEARING.”

Once served, the other parent has 20 days to object to the relocation. An answer objecting to the proposed relocation must include the specific factual basis supporting the reasons for seeking the denial of an attempt to relocate, including a statement of the amount of participation or involvement the objecting party currently has or has had in the life of the child.

What If The Other Parent Does Not Agree?

If the nonrelocating parent fails to object to the relocation within the 20-day window, the court will presume that the relocation is in the best interest of the child and allow the relocation by entering an order that permits the relocation and adopts the proposed parenting plan (time-sharing schedule) outlined in the Petition to Relocate. However, if the nonrelocating parent files an objection, then there must be a hearing on whether to allow the relocation.

At a hearing, the judge will not presume that a relocation should or should not be allowed, especially if the proposed move would materially affect the current schedule of contact, access and time-sharing with the nonrelocating parent. Initially, the parent wishing to relocate must show – by a preponderance of the evidence – that the move would be in the best interests of the child. If this burden is met, then the objecting parent must prove by a preponderance of the evidence that the move would not be in the child’s best interests.

In reaching a decision regarding a proposed temporary or permanent relocation, the court must evaluate all of the following criteria:

(a) The nature, quality, extent of involvement and duration of the child’s relationship with the parent or other person proposing to relocate with the child and with the nonrelocating parent, other persons, siblings, half-siblings and other significant persons in the child’s life.

(b) The age and developmental stage of the child, the needs of the child and the likely impact the relocation will have on the child’s physical, educational and emotional development, taking into consideration any special needs of the child.

(c) The feasibility of preserving the relationship between the nonrelocating parent or other person and the child through substitute arrangements that take into consideration the logistics of contact, access and time-sharing, as well as the financial circumstances of the parties; whether those factors are sufficient to foster a continuing meaningful relationship between the child and the nonrelocating parent or other person; and the likelihood of compliance with the substitute arrangements by the relocating parent or other person once he or she is out of the jurisdiction of the court.

(d) The child’s preference, taking into consideration the age and maturity of the child.

(e) Will the relocation enhance the general quality of life for both the parent or other person seeking the relocation and the child, including, but not limited to, financial or emotional benefits or educational opportunities.

(f) The reasons each parent or other person is seeking or opposing the relocation.

(g) The current employment and economic circumstances of each parent or other person and whether the proposed relocation is necessary to improve the economic circumstances of the parent or other person seeking relocation of the child.

(h) That the relocation is sought in good faith and the extent to which the objecting parent has fulfilled his or her financial obligations to the parent or other person seeking relocation, including child support, spousal support, and marital property and marital debt obligations.

(i) The career and other opportunities available to the objecting parent or other person if the relocation occurs.

(j) A history of substance abuse or domestic violence as defined in Section 741.28 or which meets the criteria of Section 39.806(1)(d) by either parent, including a consideration of the severity of such conduct and the failure or success of any attempts at rehabilitation.

(k) Any other factor affecting the best interest of the child or as set forth in Section 61.13.

If the parent wishing to relocate fails to comply with the provision of the statute, they may be subject to contempt and other proceedings to compel the return of the child. The relocating parent’s failure to comply with the statute may be taken into account by the judge as a factor in making a determination regarding the relocation, determining whether the parenting plan should be modified, as a basis for ordering the temporary or permanent return of the child and in determining the payment of attorney fees.

Prioritizing The Well-Being Of The Children

There are a few important final points to make. First, the concern of the court is with the best interests of the child, not the best interests of the parent. Consider the following situation: A divorced mother and father both live separately in the Jacksonville area. The 10-year-old child lives primarily with the mother, but the father is very involved in the child’s life. The child also has extended family (aunts, uncles, cousins) in the area. The mother gets a promotion that would require her to move to Los Angeles, California, where neither the mother nor the child has family or friends. It is entirely possible that the mother’s request for relocation could be denied. A judge could think that the move could negatively impact the child by losing frequent contact with the father, family members and friends. However, the judge might make a different decision if the father has infrequent contact with the child or if the mother is proposing a move to Orlando.

Lastly, a request by one parent to relocate with the child does not create a “substantial change in circumstances” that would allow the other parent to request a modification of the majority time-sharing provisions of their final judgment. However, if relocation is permitted, there often needs to be a modification of the child support, as the minority time-sharing parent’s number of nights with the child may change. Given the many factors that influence a judge’s decision, it is important to consult with an experienced family law attorney when considering such a move.

Ask A Jacksonville Parental Relocation Lawyer About Moving

If you are interested in relocating with your child or you wish to prevent a relocation, turn to the Law Office of A. James Mullaney. I have over 24 years of experience helping parents like you. Please call 904-364-4565 or send me an email to schedule your initial consultation.