In the State of Florida, we have a statute that deals with relocation. Frequently, we receive calls from parents that want to move out of state with their children and they don't know what they need to do, or if they even can relocate.
In short, relocation is defined as a change in the residence of a parent since the time of the last order on timesharing or at the time of filing the pending action. The change must be at least 50 miles away and for at least 60 days in order to be considered a "relocation." You can move freely within 50 miles but outside of that sometimes requires a relocation petition. If what you are requesting qualifies as a relocation, you will need to either get an agreement from the other parent or file a petition for relocation with the Court. If the other parent is in agreement, the process obviously because much simpler. You can agree on a new Parenting Plan which would have to be filed with the Court that explains what the new timesharing will be with the child with both parents.
During a relocation proceeding, a person may ask the Court to permit a temporary relocation under certain circumstances pending a final hearing. These hearings per law should be heard within 30 days. Similarly, the Court can prevent someone from relocating at all under certain circumstances, until a final hearing is held.
Pursuant to Florida statutes, there are eleven factors that a court must consider when determining if a person can relocate with the children. Some of those factors include employment, history of drug abuse or domestic violence, and the preference of the child.
Petitions for relocation and a response to a petition for relocation are very technical and must contain specific language to be valid. Relocations are not something a person should try to handle on their own without an attorney. Contact us for assistance. We can advise you during the free phone consultation as to whether, first, you need to file for relocation and, second, what your chances of success are in obtaining a relocation.