CAN I RELOCATE OUT OF TOWN WITH MY CHILD?
There are few family law situations more heartbreaking than when one parent chooses to leave town and relocate with the parties’ minor child, and the other parent says “Please don’t take the kid away from me!”. There may be great reasons to relocate: a new relationship has developed, a better-paying job is in another town, and so on. However, your ability to leave town and relocate to another town or state with your minor child is strictly governed by Florida law. Your family or fiancé may live out-of-state or in another town but this means you will be moving away from the child’s other parent to get your ‘fresh start’. How can you legally do this? Under Florida’s ‘relocation’ law, this is carefully detailed.
There are two scenarios to examine: You are not married to the child’s other parent and are in a paternity case, or you are married to the child’s other parent and are in a divorce case. There is another blog on our web site explaining how a father can establish his parental rights in Florida. Establishing those rights will give the birth father the right to be consulted before the relocation is permitted. Once these parental rights are established, the Florida relocation law applies as if father and mother were married at the time of the planned relocation of the minor child.
What does Florida law require whether married to the other parent or not? If you intend to relocate with the child more than fifty (50) miles from your current residence for at least sixty (60) consecutive days, you must obtain either the other parent’s written consent or if the other parent objects, a court Order. The written consent has to provide a timesharing schedule for the other parent. Failing to have either a written consent or court Order in hand when you relocate can result in a court issuing a ‘Pick-Up Order’ valid throughout the U.S. It can also result in a potentially serious court ordered restriction on your timesharing rights going forward. If you only intend to temporarily relocate for a vacation, the child’s medical care or education, you have not ‘relocated’ within the statute.
Here are just some of the requirements to relocate if the other parent does not consent:
1. You must file a sworn Petition to Relocate with the Circuit Court where you reside before you leave, requesting court permission to relocate.
2. The Petition has to include your proposed new address and phone number, and a proposed new timesharing arrangement including the coverage of transportation costs.
3. If the reason for relocating is to secure a new job, a copy of the written offer of employment must be attached to the Petition.
4. The Petition has to be served on the other parent, giving the parent twenty (20) calendar days to file a written objection with the Court, if the other parent objects. If there is no objection filed, the Court can enter an Order permitting the relocation with the child and adopting the proposed new timesharing arrangement.
If there is an objection to the relocation, there are a number of statutory factors the Florida court will examine to determine if the request to relocate is made in good faith and is in the best interest of the child. It is very important that you seek good legal advice before relocating with the child. There are many pitfalls and one substantial mistake can doom your desire to relocate with the child. Remember it’s only fifty miles from Miami to Boca Raton!