Unless the parents have entered into a written agreement permitting one parent and the minor child(ren) to relocate outside 50 miles from their current residence, the petitioning party must seek permission from the Court granting such relocation. Given the downturn in the economy, the Courts are more willing to allow the relocations for individuals to secure employment elsewhere. However, it isn’t as simple as just granting the relocation. Numerous other issues must be dealt with including a modified visitation or time-sharing schedule, child support, and travel arrangements. While the statute addressing relocations (Section 61.13001, Fla.Stat.) has been amended over the years, the determining factor in granting or denying a relocation is still if it is in the best interest of the minor child(ren). Section 61.13001, Fla.Stat., is also very detailed regarding the procedures that must be followed to present a relocation case and the Courts require strict compliance.
Relocation cases are very difficult for judges since there is typically “one winner” and “one loser”. The non-relocating parent faces the possibility of losing significant parenting time with his/her child(ren). If you or your former spouse is seeking to relocate, please contact my office to discuss your matter.
Friday, January 20, 2012 at 2:58PM 