Parental Relocation

Florida Parental Relocation Lawyers

At the law firm of Stepniak & Park, P.A., we understand that situations change after a divorce and relocation may be necessary. We also understand a parent's fear of the other parent's imminent move out of state. We help parents file relocation requests as well as support parents who strongly object to relocation.

The Florida legislature passed a law that prevents a parent from moving a child more than 50 miles away without a court order or the other parent's approval in writing. A parent opposing a relocation has 30 days to object to such a move. Contact an attorney at Stepniak & Park, P.A. to discuss your relocation issue.

Under Florida state law, "relocation" involves a move of the permanent residence of a child for more than 60 days and more than 50 miles away. It does not include, therefore, vacations or traveling temporarily.

The Process: Notice of Intent to Relocate

Florida statute 61.13001 lays out the process for a parent who wishes to relocate:

"... A parent who is entitled to time-sharing with the child shall notify the other parent, and every other person entitled to time-sharing with the child, of a proposed relocation of the child's residence."

This legal document is called the Notice of Intent to Relocate, and it must include the location of the new residence more than 50 miles away, date of the intended move, specific reasons for relocation (e.g. written job offer), and proposed post-relocation schedule for time-sharing, child custody and visitation.

The other parent has 30 days from receiving the Notice of Intent to Relocate to file an objection with the court. If a parent fails to object in the 30-day time limit, the same law says that "the relocation will be allowed, unless it is not in the best interests of the child, without further notice and without a hearing."

Non-relocating parents must assert their right to object and act quickly. Parents wishing to relocate must follow this law carefully. Our family lawyers are well-versed in parental relocation requirements and can help you take control in your situation.

Relocation by Agreement Between Parents

A parent who wishes to move a child more than 50 miles away or out of state Fcan ask the other parent for permission and avoid a lengthy battle in court. Florida state law recognizes this type of formal, written agreement between parents:

"If the parents and every other person entitled to time-sharing with the child agree to the relocation of the child, they may ... [sign] a written agreement that:

1. Reflects the consent to the relocation;
2. Defines a time-sharing schedule for the non-relocating parent and any other persons who are entitled to time-sharing; and
3. Describes, if necessary, any transportation arrangements related to the visitation."

Once the parents come to agreement to the satisfaction of the court, the relocating parent is free to move out of state with the children.

Our divorce and family law attorneys can help you seek permission to relocate with your children, and we can help you fight relocation of your ex-spouse and children. Contact Stepniak & Park, P.A. today. With offices in Daytona Beach, DeLand, Palm Coast, and Orlando, we are able to provide representation to people throughout Florida.