RELOCATION WITH MINOR CHILDREN – FORT LAUDERDALE / MIAMI
In times like this, certain parents are confronted with new opportunities that require moving out of South Florida or even out of the State of Florida entirely. This will most likely tend to cause a sense of frustration for the child and the parent that will be left behind.
In South Florida the court system understands that it cannot always make everyone involved in the issue happy, but tries to keep the best interest of the child in full consideration when making these judgements. Not only that, the Florida Legislature has constructed a formal guideline for the Florida based Judges to consider on a case-by-case basis for all relocation cases.
Relocation can be tricky to prove in court even after reading this article. There quite often is much more at play in bringing the cases forward and one example of that is presenting evidence properly under the rules prescribed. If you do not have a seasoned Family Law Attorney such as myself you may fall victim to simple mistakes that can hold your case back a tremendous amount of time or even disqualify the case all together.
DISSOLUTION OF MARRIAGE; SUPPORT; TIME-SHARING
Florida Statute Definition of Relocation: ““Relocation” means a change in the location of the principal residence of a parent or other person from his or her principal place of residence at the time of the last order establishing or modifying time-sharing, or at the time of filing the pending action to establish or modify time-sharing. The change of location must be at least 50 miles from that residence, and 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.”
PETITION TO RELOCATE — Unless an agreement has been entered as described in subsection (2), a parent or other person seeking relocation must file a petition to relocate and serve it upon the other parent, and every other person entitled to access to or time-sharing with the child. The pleadings must be in accordance with this section:
(a) The petition to relocate must be signed under oath or affirmation under penalty of perjury and include:
- A description of the location of the intended new residence, including the state, city, and specific physical address, if known.
- The mailing address of the intended new residence, if not the same as the physical address, 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. If one of the reasons is based upon a job offer that has been reduced to writing, the written job offer must be attached to the petition.
- A proposal for the revised post-relocation schedule for access and time-sharing together with a proposal for the postrelocation transportation arrangements necessary to effectuate time-sharing with the child. Absent the existence of a current, valid order abating, terminating, or restricting access or time-sharing or other good cause predating the petition, failure to comply with this provision renders the petition to relocate legally insufficient.
- Substantially the following statement, in all capital letters and in the same size type, or larger, as the type in the remainder of the petition: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.