Understanding Your Rights Under Florida’s Relocation Statute
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Relocating in the Midst of a Divorce?
When a husband and wife decide to divorce, but plan to reside in the same geographic area, it is fairly easy for a court to address the issue of custody by awarding equal, or substantial, timesharing.
However, this issue can become quite complex (and contentious) when one of the spouses wants to move a long distance away to a different part of Florida, or a different state entirely, and desire to take their child, or children, with them. When this situation arises, there is a specific statutory provision that governs how to award custody when one of the parents wants to relocate elsewhere.
Overview
When you or your soon-to-be-ex-spouse wants to move 50 or more miles away for 60 days or longer, the Florida relocation statute is triggered. The Florida relocation statute (i.e. Section 61.13001 of the Florida Statutes) governs parental relocation with a child. According to Section 61.13001 of the Florida Statutes, “relocation” is considered to be a change in the residence of a parent or other person from their principle place of residence (I) at the time the last order was entered establishing or modifying timesharing, or (ii) at the time the last pending action that established or modified timesharing.
Relocation Statute
The relocation statute was enacted by the Florida legislature in order prevent a party to a divorce making the unilateral decision to relocate. The party seeking to relocate to a different area with their child needs to file a Notice of Intent to Relocate with the court. The other party in the divorce proceeding has the right to file an objection.
If you or your soon-to-be-ex-spouse want to relocate to a different area, you need to present evidence to the court that proves, by a preponderance of the evidence, that relocating to another part of the state or to a different state is in the best interest of the child. If you, or your soon-to-be-ex-wife, can meet this burden of proof, the burden will then shift to the parent who is staying put. They will need to show, by a preponderance of the evidence, that the potential relocation is not in the best interest of their child. Once this argument is conveyed to the court, the judge will analyze the facts and enter a decision.
Relocating to a different part of Florida, or a different state, with your child without complying with the requirements of the relocation statute can result in the court levying harsh penalties. For example, the relocating party could be:
• Held in contempt of court
• Ordered to compel the return of the child
• Subject to significant modifications to the court’s time-sharing schedule
Have Questions about Relocation Rights? Contact an Experienced Custody Lawyer in Miami
If you or your soon-to-be-ex-spouse want to move to a different part of Florida or a different state, it is imperative to adhere to the specific protocols and requirements set forth in the relocation statute. One mistake or oversight could significantly impact your ability to relocate. Hence, it is in your best interest to consult with an experienced and reputable custody lawyer in Miami for the best outcome for all parties involved.
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Source by George N Anderson