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Florida Child Custody Relocation Rules

When child custody is determined by a family court, the decision is partially based on the current residence of each parent. However, if one parent wants to move after the custody arrangement has been agreed to, Florida’s child relocation rules determine whether or not the move will be allowed.

Florida Relocation Law

The Florida relocation statute is found in section 61.31001 of the Florida Code. The law states that if a custodial parent wishes to move more than fifty miles away for any period longer than sixty days, that parent must notify the other parent before moving.

If the other, noncustodial parent agrees to the move, then both parents file an agreement with the Florida family court. If the noncustodial parent disagrees with the move, a family court judge will hold a hearing and determine whether the move will be allowed.

If Both Parents Agree

If both parents agree to the move, they jointly file an agreement with the family court. The agreement includes the noncustodial parent’s assent for the move, any proposed modifications to the visitation schedule, and any arrangements that need to be necessary in order to facilitate visitation. It also includes the new residence of the custodial parent and all relevant information regarding the new home.

However, even if both parents agree on the relocation and set a new visitation schedule, it must be approved by the family court before the custodial parent is allowed to move.

If One Parent Does Not Agree

If the noncustodial parent does not consent to the relocation, the custodial parent must file a petition to relocate with the family court. According to the statute, the petition must include:

  • A description of the location of the intended new residence, including the state, city, and specific physical address, if known.
  • The mailing address of the intended new residence, if not the same as the physical address, if known.
  • The home telephone number of the intended new residence, if known.
  • The date of the intended move or proposed relocation.
  • A detailed statement of the specific reasons for the proposed relocation. If one of the reasons is based upon a job offer that has been reduced to writing, the written job offer must be attached to the petition.
  • A proposal for the revised post-relocation schedule for access and time-sharing together with a proposal for the post-relocation transportation arrangements necessary to effectuate time-sharing with the child.
  • Notice to the noncustodial parent of how to object to the petition as well as the consequences of failing to do so.

Call an Orlando Family Law Attorney Today

Convincing the other parent and a family court judge to allow the relocation of you and your child can be a complicated and emotionally difficult experience. If you wish to relocate from the Orlando area with your child, let the experienced family law attorneys at Steve W. Marsee, P.A. help. Call or contact the office today for a free and confidential consultation of your family relocation case.

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