USA – FLORIDA Trends and Developments Contributed by: John F. Schutz, John F. Schutz PL
Florida Child Relocation Law: A Treatise on Florida Statute 61.13001 Florida Statute 61.13001 (“Parental relocation with a child”) defines relocation as moving a child more than 50 miles from the child’s “principal place of resi - dence”. The distance is measured in a straight line between two points, without regard to intervening obstacles or the actual route of travel. The relocation must be for a period of 60 days or more, excluding vacations, education, or healthcare needs. The prin - cipal place of residence is where the child was living at the time of an order establishing the current time- sharing schedule between the parents or when the lawsuit to establish time-sharing is filed. Relocation is unrestricted by the statute before the filing of a lawsuit to establish time-sharing; however, if the relocation is in bad faith, it may be addressed by the court when establishing a time-sharing schedule. The relocation statute does not preclude a parent’s relocation but does restrict the child’s relocation. Petition requirements If a parent desires to relocate, they must petition the court – under oath – and there are essential pleading requirements, including: • a description of the intended location upon reloca - tion (including address if known); • a mailing address if different from the residential address; • telephone number of proposed address (if known); • date of intended relocation; • a detailed statement of reasons for relocation (with an attached written job offer, if any); • a proposed new time-sharing schedule and pro - posed transportation arrangements; and • a statutorily proscribed statement – all in capital letters – warning of the consequences of failing to object to the relocation. The petition must be served on every person entitled to access or time-sharing with the child. The statute requires specific methods of service in order to ensure proper notice to all affected parties. Failure to provide adequate notice can result in the invalidation of any order granting relocation.
The statute provides for temporary relocation pend - ing final determination of the petition. The court may grant temporary relocation upon a showing that the relocation is in the best interests of the child and that adequate provisions have been made for the non- relocating parent’s continued contact with the child. As of 1 July 2023, if a parent who lived more than 50 miles away moves within 50 miles, this change allows them to seek a modification of time-sharing for increased access to the child. Transportation costs associated with relocation are considered an aspect of child support and are not determined based upon the parent seeking relocation – rather, they are typi - cally allocated based upon the respective parent’s financial ability. Substantive standards for relocation The overarching standard for relocation decisions is the best interests of the child. This standard requires the court to consider all relevant factors and circum - stances affecting the child’s welfare, not merely the competing interests of the parents. The court will also consider whether the request for relocation is made in good faith. Florida Statute 61.13001 establishes specific factors that courts must consider when evaluating relocation petitions. These are: • the nature, quality and duration of the child’s relationship – as well as the extent of the child’s involvement – with the parent or other person seeking relocation and with the non-relocating par - ent, siblings, and other significant persons in the child’s life; • the needs, age and developmental stage of the child, as well as the likely impact the relocation will have on the child’s physical, educational and emotional development – taking into consideration any special needs of the child; • the feasibility of preserving the relationship between the non-relocating parent and the child through suitable visitation arrangements – consid - ering the logistics and financial circumstances of the parties; • the child’s preference – taking into consideration the age and maturity of the child;
173 CHAMBERS.COM
Powered by FlippingBook