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Exploring Florida Law: Child Relocation Laws
Florida child relocation laws require that a party with children seeking to relocate more than fifty (50) miles from their place of residence must seek approval from the court prior to relocating. There are two types of child relocation under Florida law: 1) Child Relocation by Agreement & 2) Contested Child Relocation.
Relocation With Children by Agreement
If the parties are in agreement regarding relocation, the parties must submit a written agreement which states that all parties consent to the relocation The agreement must define the modified time-sharing and access schedule and the transportation arrangements with the child(ren) post-relocation. If there is an existing judgment or pending Court action, the parties need to submit the agreement to the Court for ratification. Provided the parties meet the foregoing requirements, there is no hearing required for relocation by agreement (unless requested by a party).
Contested Child Relocation
If the parties cannot agree in writing to the child relocation, the party seeking the relocation must file a relocation petition. The procedure surrounding a relocation petition has several technical requirements (caveat: you should consult with an attorney and not rely on a blog post when attempting to comply with the relocation petition requirements). The requirements in a relocation petition are as follows:
1. The petition must be signed under oath;
2. The petition must contain specific information (if known) regarding the site of the relocation, such as new address and phone number.
3. The relocation petition must contain the following language (in all capital letters):
A RESPONSE TO THE PETITION OBJECTING TO RELOCATION MUST BE MADE IN WRITING, FILED WITH THE COURT, AND SERVED ON THE PARENT OR OTHER PERSON SEEKING TO RELOCATE WITHIN 20 DAYS AFTER SERVICE OF THIS PETITION TO RELOCATE. IF YOU FAIL TO TIMELY OBJECT TO THE RELOCATION, THE RELOCATION WILL BE ALLOWED, UNLESS IT IS NOT IN THE BEST INTERESTS OF THE CHILD, WITHOUT FURTHER NOTICE AND WITHOUT A HEARING.
4. A statement setting forth the reasons for the proposed relocation. If there is a job offer, the offer letter should be attached to the relocation petition.
5. A proposed time-sharing and access schedule following the relocation, which includes transportation arrangements.
Once the relocation petition has been drafted and filed in accordance with the statutory requirements, it is the best practice to personally serve the petition on the other party in accordance with the rules set forth in Florida Stat. Chapters 48 and 49. If there is a case currently pending, the petition may be served in accordance with Court rules.
Responding to the Relocation Petition
Responding to the relocation petition within twenty (20) days of service is extremely important. The response must be verified under oath and must set forth the reasons that the non-relocating party opposes the relocation. If a timely response is not filed, absent good cause, the Court will adopt the proposed time-sharing plan set forth in the relocation petition.
If a response is filed, the Court will proceed to a hearing. Relocation is unique under Florida family law in that the party filing the relocation petition is entitled to an expedited hearing. A party may file a motion in conjunction with a relocation petition asking to relocate on a temporary basis and obtain a hearing within thirty (30) days. If the party sets the relocation petition for a hearing without the temporary request, then the Court must set the hearing on the petition within 90 days of the request.
Factors the Court will consider when Ruling on a Relocation Petition
Here are factors the taken directly from Florida’s relocation statute Courts will consider when ruling on a relocation petition:
(a) The nature, quality, extent of involvement, and duration of the child’s relationship with the parent or other person proposing to relocate with the child and with the nonrelocating parent, other persons, siblings, half-siblings, and other significant persons in the child’s life.
(b) 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 emotional development, taking into consideration any special needs of the child.
(c) The feasibility of preserving the relationship between the nonrelocating parent or other person and the child through substitute arrangements that take into consideration the logistics of contact, access, and time-sharing, as well as the financial circumstances of the parties; whether those factors are sufficient to foster a continuing meaningful relationship between the child and the nonrelocating parent or other person; and the likelihood of compliance with the substitute arrangements by the relocating parent or other person once he or she is out of the jurisdiction of the court.
(d) The child’s preference, taking into consideration the age and maturity of the child.
(e) Whether the relocation will enhance the general quality of life for both the parent or other person seeking the relocation and the child, including, but not limited to, financial or emotional benefits or educational opportunities.
(f) The reasons each parent or other person is seeking or opposing the relocation.
(g) The current employment and economic circumstances of each parent or other person and whether the proposed relocation is necessary to improve the economic circumstances of the parent or other person seeking relocation of the child.
(h) 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.
(i) The career and other opportunities available to the objecting parent or other person if the relocation occurs.
(j) A history of substance abuse or domestic violence as defined in s. 741.28 or which meets the criteria of s. 39.806(1)(d) by either parent, including a consideration of the severity of such conduct and the failure or success of any attempts at rehabilitation.
(k) Any other factor affecting the best interest of the child or as set forth in s. 61.13.
Discussion
The statutory relocation factors are fairly self-explanatory; however, it imperative that a relocation petition is sought in good faith. Occasionally, a party will utilize the relocation statute to separate the non-relocating party from the parties’ child(ren). Courts are adept at spotting relocation petition that are not sought in good faith.
While the factors are fairly self-explanatory, organizing and presenting evidence to demonstrate how each factor applies to the relocation petition is not easy. An experienced family law attorney can effectively organize the entire case to enable the Court to rule as appropriate under the facts and law. Given the strict procedural requirements and the long list of statutory relocation factors, it is wise to hire an attorney any time relocation is an issue in your case. If you have questions regarding Florida’s relocation statute in a St. Johns County case, please give Saint Augustine Divorce Lawyer Chris Taylor at The Taylor Law Office a call or fill out the contact form on this website to set up an initial consultation. If you are in Jacksonville you can contact the Taylor Law Office in Jacksonville.
