Persons who are subject to an existing Court Order, or persons desiring to relocate during a divorce or paternity matter must file a Petition for Relocation.
If you are served with a Petition for Relocation it is advisable to contact a lawyer immediately. Click to view Florida Statute 61.13001.
This is a very tricky statute for persons with no knowledge of family law. If you fail to answer, or you don’t object correctly, you may be defaulted. This means the other parent can leave because you have failed to follow correct procedures.
Also if you move the child from Florida, you may be in violation of this statute and subject to serious consequences included the cost for the other parents fees to fight your actions.
Relocation is complicated, and we have heard many a judge state there are the most difficult actions to resolve because the result is that one parent is cut out of the child’s daily life activities such as sports and school plays.
There is are visitation models for this situation. The parties also must consider the costs of “access fees” meaning the cost to the parents for travel with the child to go back and forth for visitations. It is important to note the following 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. See Florida Statute 61.13001.