Florida Relocation with Minor Children
Basics on Relocation with Minor Children in Florida
Relocation of a minor child is guided by Florida Statue 61.13001. As defined by that statute a “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.
This is very important as related to the establishment of Paternity. As you can see there is nothing holding a Mother of a child in place if there has not been an order establishing or modifying time-sharing or there is no pending action to establish or modify time-sharing. However if the Father has sought relief to establish time-sharing the child may not be moved more than 50 miles from his or her address.
According to the statute, the court may grant a temporary order restraining the relocation of a child, order the return of the child, if a relocation has previously taken place, or order other appropriate remedial relief, if the court finds:
- That the petition to relocate does not comply with the statue; or
- That the child has been relocated without a written agreement of the parties or without court approval; or
- From an examination of the evidence presented at the preliminary hearing that there is a likelihood that upon final hearing the court will not approve the relocation of the child.
Trust an Experienced Divorce Attorney/Divorce Lawyer to handle your Divorce Case
Relocation is a complex issue if not done properly, always consult an attorney before you pack your bags. Do not do it alone. I always offer a free consultation. There is no better way than sitting down face-to-face with me to learn what your rights are and to get what you deserve. If you are reading this, I am sure you know someone, a friend, or family member that has a horror story regarding their own experience. That is why you should always consult an attorney that practices Divorces and Family Law and nothing else. Someone like myself. I do not practice criminal law or elder law, or many other types of law. I am Florida Divorce and Family Law attorney that understands the laws completely, because I handle family law matters on a regular basis. I will always listen compassionately and attentively to your needs and concerns, and provide you with the best advice for your particular case.