Often times in family law cases, one parent desires to relocate out of the area, or even out of the state, due to a new marriage, a new job, or even educational opportunities. The Florida Relocation Statute 61.13001 has certain statutory requirements that must be followed in order for the parent to relocate, and especially if it is with the minor child, more than fifty (50) miles from the address in the parties’ Final Judgment or current address if a Final Judgment has not been entered. Failure to follow the specific statutory requirements can have a drastic effect on a relocation for the parent wishing to relocate or the parent objecting to the relocation.
If both parents agree to the relocation, then the process is relatively easy. The parties must follow the specific statutory process to enter into a relocation agreement and file the necessary paperwork with the court. This agreement will typically be approved by the court without the necessity of a formal hearing (depending upon the jurisdiction and judge).
However, if the parents do not agree to the relocation, then the parent wishing to relocate must file a Petition for Relocation with the court, and specific requirements must be included in the petition. Failure to include the required elements will prevent the relocation, and could subject the relocating parent to contempt of court, a court order to return the minor child(ren), a basis to deny the relocation, change to the current time-sharing schedule, and/or order attorney’s fees to be paid by the relocating parent.
Once the proper process is followed, a hearing will be held to determine whether or not the Petition for Relocation should be granted. Florida’s Relocation Statue sets forth specific elements that the court shall (means must) consider when deciding whether to grant the Petition.
Florida’s Relocation Statute has a very specific process that must be followed by both sides. Failure to follow the statutory requirements can cause drastic consequences for your case; be sure to get the best opportunity to relocate or to prevent a relocation by hiring an attorney with experience with relocation cases.
Here at Schwam-Wilcox & Associates, we have been successful with our clients being permitted to relocate, and with preventing a relocation against our clients’ wishes. Let our experience work for you. For more information regarding relocation cases or family law cases in general you can contact the law office of Schwam-Wilcox & Associates.
