Video answers from Jacksonville family law attorney A. James Mullaney about relocations issues in Florida family law.
What happens if the other parent objects to my Relocation with our child?
Transcript
If there is no agreement about a relocation, the parent that wants to relocate must file a Petition to Relocate and have it served on the other parent. The relocation statute has a list of items that you must put in the Petition to Relocate. The main requirements are the location of the new residence, when the proposed relocation is to occur, the reason for the relocation, and a proposed Parenting Plan. Once the other parent has been served, they have 20 days to respond. If they do not respond, the court must presume that the relocation is in the best interest of the child and allow the relocation by entering an order which permits the relocation and adopts the proposed Parenting Plan. If the other parent objects to the relocation, in their response, that parent must include a specific factual basis supporting the reason for seeking the denial of the relocation. The response must also contain a statement about the amount of participation or involvement that that parent has or has had with the child. After the other parent objects, there must be a hearing to decide whether to allow to deny the relocation.
When a Divorce case is pending can one Parent move with a child from Florida?
Transcript
In Duval County, an order is entered in every family law case called the Standing Family Law Order. Among other things, this order prohibits permanently relocating a child outside the State of Florida without the written permission of the other parent or a court order. Other counties may have similar standing orders. One of the key words in the order is PERMANENT. Unless there is another court order prohibiting you, there is nothing wrong with taking a child outside of Florida for a vacation. You just can't move the child outside the state. During a divorce or paternity case, this situation is also covered by Florida's relocation statute which prohibits the relocation of a parent more than 50 miles from their residence when the case was filed without the written permission of the other parent or a court order. It is important to note that this applies to both parents, not just the parent that lives with the child.
Can I Move Away or Relocate with my Child?
Transcript
If you want to move more than 50 miles from your residence when your Parenting Plan was established or last modified, the Florida Statutes require that you have the written permission of the other parent or a court order. Also, the proposed move must be for more than 60 days and does not include a temporary absence for vacations, school or health care reasons. If the parents agree on the relocation, they must submit their agreement to the court for approval. The agreement must include a new time sharing schedule and it must describe any transportation arrangements related to the revised Parenting Plan. A hearing is not required in order to get the court's approval.