The State of Florida generally requires both parents share in the parental responsibility after divorce unless it is detrimental to the child. There may come a time when a parent desires to relocate with the child to another area either temporarily or permanently. Florida’s relocation statute determines whether such a relocation is permissable.
The definition of “relocation,” with regard to this statute, refers to a move of more than 50 miles away from where the parent and child currently live and is for longer than 60 consecutive days.
When any parent or person with court-ordered parental responsibility including time-sharing with, or access to the child, desires to relocate, that person must either enter into an agreement with the other parent, or obtain a court order allowing the relocation.
If an agreement cannot be reached, a Petition to Relocate needs to be filed with the court. This petition must give the required information and rationale about the relocation and is then served to the other parent and any other person entitled to time-sharing with or access to the child.
The person objecting to the relocation must file a written objection providing facts of their involvement with the child and reasons for the objection within 20 days after service of the petition. At which time, the court will conduct a hearing, evaluate the facts and determine if the relocation will be permitted based on the best interest of the child.
The facts for each situation are unique and the divorce, custody and relocation laws can be complicated. That’s why you need D’Lugo and DeFlora, P.A. for the best possible professional legal advice available in Osceola County to assist in the process.
Call us for a consultation at 407.870.5551 or online at www.kissimmeefamilylaw.com.