Can I Relocate With My Child?
This is a question that is often asked by parents. Florida has a relocation statute, 61.13001. In a divorce case, if you wish to relocate from your present residence (if your case has not already been finalized) or from your residence at the time of the finalization of your case, you cannot move more than 50 miles from the residence without obtaining permission from the other parent or consent from the Court. The attorneys at Quinn & Lynch, P.A. can assist you in determining how you can comply with the relocation statute to enable you to move.
In Florida, the statute requires that unless there is an agreement between the parties, a parent or other person with time-sharing rights seeking relocation must file a petition to relocate and serve it upon the other parent, and every other person entitled to access to or time-sharing with the child. The pleadings must meet certain requirements under the statute.
The Court generally will address a relocation request on an expedited basis, but it still can take at least 30-60 days, so a relocating parent must plan ahead. Obtaining the assistance of a skilled family law attorney increases your chances of getting your Petition approved. You should contact the attorneys at Quinn & Lynch, P.A. as soon as possible after you determine the move is necessary.
If you relocate the child without complying with the requirements under the statute, it may subject you to contempt and other proceedings to compel the return of the child and may be taken into account by the Court in any initial or post-judgment action seeking a determination or modification of the parenting plan or the access or time-sharing schedule.
Currently, relocation of a minor child is one of the most litigated issues in Family law and works in conjunction with the Uniform Child Custody Jurisdiction Enforcement Act. Most states have adopted some version of a relocation statute. It is a complicated area of family law that requires a skilled family lawyer. Contact the attorney’s at Quinn & Lynch, PA before making a move.