Relocation And Child Custody In Florida

Sometimes a relocation of a custodial parent becomes necessary and moves can become complicated when there is shared custody.

We represent parents who wish to move with children, as well as parents who are concerned about how the move will affect their relationship with their children. Many of our clients are professionals including athletes, doctors and the like who frequently have to travel or relocate. We can assist with opening the door to negotiations to make this a smooth transition for everyone, or if that is not possible, we can represent you in a contested proceeding before the Court to determine the best way to execute a relocation for all the parties involved, especially the children. Call 800-277-2388 to schedule a consultation at our Tampa law office.

Florida's Relocation Statute

The Florida's Relocation Statute, 61.13001, F.S., which was enacted in 2006, regulates procedures in Relocation cases. In Florida, relocation is defined as moving at least 50 miles away and for more than 60 days.

Agreed-Upon Relocation

The following summarizes the steps that must be followed, if the relocation is agreed upon by both parents, and if there is not an existing cause of action in the case:

The primary residential parent, the other parent, and every other person entitled to visitation with the child must agree to the relocation of the child's principal residence, then must sign a written agreement that reflects the consent to the relocation and that defines the visitation rights for the non-relocating parent and any other persons who are entitled to visitation; and describes, if necessary, any transportation arrangements related to the visitation.

Contested Relocation

If the relocation is contested, by the non-relocating parent, the following summarizes the steps that must be taken in these types of relocation cases:

  1. The party wishing to relocate must give Notice of Intent to Relocate with specification defined by the Relocation Statute.
  2. The opposing party is allowed to file an objection to this notice within a specific period of time.
  3. The judge will examine the 11 factors in relation to the specific relocation case.
  4. Based upon the judge's evaluation an Order to Relocate may be issued by the court.

To Discuss Your Relocation Concerns With A Lawyer

To discuss your relocation concerns with an attorney at our firm, call 800-277-2388 or complete our contact form.