Florida Parental Relocation
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Transcript of Florida Parental Relocation
Florida Parental Relocation www.beinerlaw.com 1
FLORIDA PARENTAL RELOCATION
“If your child’s other parent has informed you of his/her plans to relocate with your child, it is important for you to
know that you have the right to object to the move; however, your objection must be in writing and filed with
the court within the time frame specified by the law.”
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If you are the single parent of a minor child and you wish to relocate with the child,
it is imperative that you understand your rights and responsibilities before you
make any permanent plans. Relocating with your child is possible, even if your
child’s other parent objects, only if a court authorizes the move ahead of time.
Conversely, if your child’s other parent has informed you of his/her plans to relocate
with your child, it is important for you to know that you have the right to object to
the move; your objection must be in writing and filed with the court within the time
frame specified by the law.
There are serious, long-lasting consequences to a parent for not knowing what the
Florida Parental Relocation law requires and allows. To ensure that you are in
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compliance, and that your rights are protected, it is always best to consult directly
with an experienced Florida family law attorney. Call Beiner, Inkeles, and Horvitz at
561-750-1800 for a consultation with regard to the specific circumstances of your
case. While you are considering your next step, a basic understanding of the laws
and procedures relating to the relocation of a minor child may be beneficial to you.
Shared Parental Responsibility in Florida
Not all that long ago, both society and the law operated under the presumption that
a mother would be given the
primary care and
responsibility for minor
children when the parents
did not live together.
Traditionally, courts
reflected this widely held
belief by awarding “primary
custody” or “physical
custody” to the mother, while
a father was awarded
“visitation rights” or “joint legal custody” of the child (ren). Most states, including
Florida, no longer operate under this presumption in favor of the mother. In fact
Florida no longer uses the term “custody” at all. Instead, Florida law requires that a
court “order that the parental responsibility for a minor child be shared by both
parents unless the court finds that shared parental responsibility would be
detrimental to the child.”
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What is a Parenting Plan?
When the parents of a minor child do not live together, either as a result of divorce
or because the child was born out of wedlock, Florida requires the parents to submit
a “Parenting Plan” to the court. The Parenting Plan will address things such as child
support and “time-sharing.” A time sharing schedule is essentially what was once
referred to as a “visitation schedule.” Florida no longer awards “custody” to one
parent; instead the time sharing schedule sets forth the time the children will spend
with each other parent, as well as transportation arrangements to and from each
parent’s home.
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Can I Move Whenever I Want? If you wish to move a significant distance from where you currently reside, you
cannot simply pick up and move with the child; if you do, you risk serious judicial
consequences. Florida Statute 61.13001 governs parental relocation with a child.
The provisions of the statute apply if you plan to move “at least 50 miles from your
current residence 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 makes it clear that court approval
is required to relocate with a minor child if anyone, other than you, has time-sharing
rights to the child.
Relocation by Agreement
If your child’s other parent (and/or anyone else with time sharing rights to the
child) agrees to your relocation plans, the legal process for approval of your
relocation is relatively simple. In that case, an agreement may be filed with the court
that:
1. Reflects consent by the other parent to the relocation;
2. Defines an access or time-sharing schedule for the non-relocating parent and
any other persons who are entitled to access or time-sharing; and
3. Describes, if necessary, any transportation arrangements related to access or
time-sharing.
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What If the Child’s Other Parent Objects?
Not surprisingly, relocation by agreement is not always possible. Often, the other
parent does not want the child to move so far away that it interferes with his/her
time spent with the child. If the parents cannot agree about the relocation, there are
specific steps that must be followed to relocate with your child. When there is no
agreement, the parent wishing to relocate must file a Petition to Relocate with the
court. A copy of the Petition must be served on the other parent and anyone else
with rights to the child. The Petition must contain the following:
A description of the location of the intended new residence.
The mailing address of the intended new residence, if known
The home telephone number of the intended new residence, if known.
The date of the intended move or proposed relocation.
A detailed statement of the specific reasons for the proposed relocation.
A proposal for the revised post-relocation schedule for access and time-
sharing together with a proposal for the post-relocation transportation
arrangements.
A statement advising the Respondent of the consequences for failing to
respond to the Petition.
What Happens Next?
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After the Petition
has been filed and
served, one of two
things may happen.
If the Respondent
(other parent) fails
to file an objection
within the time
allotted, the court
will presume that
relocation is in the best interests of the child. The court will then adopt the time-
sharing and transportation schedules included in the Petition and issue an
expedited Order allowing the relocation to proceed.
If, however, an objection is filed with the court, an evidentiary hearing will be
scheduled at which a judge will determine if relocation is in the best interests of the
child.
NOTE: If you relocate with the child before the court has authorized the move, you
may be found in contempt of court and an Order may be issued requiring you to return
to the jurisdiction of the court with the child with whatever other sanctions the Court
deems appropriate.
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Factors a Court May Consider When Considering a Petition to Relocate
If the Respondent files a timely objection, the court must decide whether or not
relocating is in the best interests of the child at an evidentiary hearing. In making its
decision, the court may consider the following factors:
The nature, quality, extent of involvement, and duration of the child’s
relationship with both parents and with other significant people in the child’s
life.
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
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emotional development, taking into consideration any special needs of the
child.
The feasibility of preserving the relationship between the non-relocating
parent and the child and how likely the relocating parent will be to comply
with time-sharing arrangements after the move.
The child’s preference.
Whether relocation will enhance the general quality of life for the parent and
the child.
The reasons for opposing the relocation.
The current employment and economic circumstances of each parent and
whether relocation is necessary to improve those circumstances.
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.
The career and other opportunities available to both parents if the relocation
occurs.
A history of substance abuse or domestic violence
Any other factor affecting the best interest of the child.
If you are planning to relocate with your child, or you have been informed that
relocation is being requested by your child’s other parent, it is imperative that you
immediately consult with an experienced Florida family law to ensure that you are
in compliance with the Florida relocation laws and/or to ensure that your rights are
protected throughout the process. At Beiner, Inkeles, and Horvitz, a firm partner
experienced in relocation matters, stands ready to meet with you to answer your
questions and to protect your rights and those of your children.
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About Beiner, Inkeles& Horvitz
Beiner, Inkeles & Horvitz, with offices in Boca Raton and New York City, is a boutique law firm (four attorneys with a combined experience of more than 100 years and two paralegals), large enough to have all of the latest, sophisticated modalities to ensure that our clients are receiving cutting edge legal support, yet small enough that each client receives the personal attention of one of our very experienced senior attorneys. We have extensive experience in all areas of family law, including negotiating and drafting Pre-Nuptial and Post-Nuptial Agreements; obtaining relatively simple, uncontested divorces; litigating complex divorce cases involving child-support, equitable distribution schemes, alimony, and pension and profit-sharing QDRO’s; seeking modification of existing support and visitation Orders.
We also meet with clients to understand their particular familial and financial circumstances, counsel them with regard to how they can pass their wealth to their loved ones as simply as possible, avoiding probate, while reducing or eliminating their potential estate tax exposure. Using Revocable (Living) Trusts, HEALTH CARE Proxies, Pre-Need Guardian Designations, and other such estate planning tools, we attempt to assure that our clients will be cared for and protected both during their lives and thereafter.
We invite you to call for a consultation with one of our senior attorneys to discuss your particular needs and concerns, so that we can advise and counsel you and attempt to resolve your matter amicably and expeditiously. Our firm offers mediation as a way to resolve conflict without lengthy and costly litigation. Stephen Beiner is a Florida Certified Mediator and Harvey Nussbaum now devotes all of his practice to mediation. We can either serve as a mediator to attempt to reso lve the pending issues in your matter or we can accompany you to mediation to make sure that your rights are protected during the negotiation and settlement process.
And if you have gotten a bad result in your case and you think the judge has erred, we handle appeals from previous decisions; appeals must be filed within 30 days of the decision being rendered by the Court.
Beiner, Inkeles& Horvitz, P.A. 2000 Glades Road, Suite 110 Boca Raton, FL 33431 Phone: 561.750.1800 Fax: 561.338.3803 Website: www.beinerlaw.com Email: [email protected]