USA – FLORIDA Law and Practice Contributed by: Raymond J. Rafool, II, Seth J. Rutman, Kaylin R. Cohen and Melissa L. Kanoff, Rafool, PLLC
Once the relocation statute applies, however, a parent may not relocate further than 50 miles away from their residence for 60 consecutive days or longer. Once the relocation statute applies, the parent seeking to relo - cate further than 50 miles away for 60 days or longer must obtain a court order upon a petition for reloca - tion and/or must obtain consent from the other parent and every other person entitled to access or time- sharing with the child. Please note that this applies to whichever parent seeks to relocate, regardless of which parent has more time-sharing. Such “relocation by agreement” is addressed in Section 61.13001 (2) of the Florida Statutes, and, by statute, such agreement must contain specific items to be enforceable. 2.2 Relocation Without Full Consent Assuming the relocation statute applies at the time relocation is sought, the parent seeking relocation without an agreement must file a verified petition to relocate and serve it on the other parent and every person entitled to access or time-sharing (Fla. Stat. § 61.13001). The verified petition must contain informa - tion and statutory language required by this statute to properly effectuate the relocation request. Otherwise, it is not a valid relocation petition. If the non-relocating parent fails to file a timely written objection, the court, absent good cause, presumes the relocation is in the child’s best interests and enters an order adopting the time-sharing schedule in the petition, without an evidentiary hearing (Fla. Stat. § 61.13001). If a timely objection is filed, the relocating parent may not move with the child and must proceed to a temporary hearing or trial to obtain court permis - sion (Fla. Stat. § 61.13001). See 2.3.9 Time Taken by an Application for Reloca- tion . If the relocation is contested, the relocating parent bears the initial burden of proving by a preponderance of the evidence that relocation is in the child’s best interests. If that burden is met, the burden shifts to the non-relocating parent to show by a preponderance of the evidence that the proposed relocation is not in the child’s best interests (Fla. Stat. § 61.13001).
Under Florida law, when both parents have time-shar - ing with a child, neither parent may unilaterally relo - cate beyond the statutory distance and duration with - out a court order, except as provided in 2.1 Whose Consent is Required for Relocation? 2.3 Application to a State Authority for Permission to Relocate a Child 2.3.1 Factors Determining an Application for Relocation Section 61.13001 (7) of the Florida Statutes expressly provides that no presumption arises in favour of or against a request to relocate, even when the move will materially affect the current time-sharing sched - ule. The court must evaluate all 11 statutory factors, including but not limited to: the child’s relationship with each parent, siblings and other significant per - sons; the child’s age, developmental stage and needs; the feasibility of substitute arrangements to preserve the relationship with the non-relocating parent, includ - ing logistics, finances and the likelihood of compli - ance once the relocating parent is beyond the court’s jurisdiction; the child’s preference; enhancement of the quality of life of both the relocating parent and the child; each party’s reasons; employment and econom - ic circumstances and whether the move is necessary to improve them; good faith and whether the objecting parent has met their financial obligations; the oppor - tunities available to the objecting party; any history of substance abuse or domestic violence; and any other factor affecting best interests or set out in Sec - tion 61.13 – parental relationship with the child and co-operation, parental responsibilities, child’s needs, stability and continuity, practicability of the parenting plan, parents’ fitness and health, child’s preferences, parental involvement, safety and wellbeing, domestic violence, protection from litigation, and other relevant circumstances. 2.3.2 Wishes and Feelings of the Child The child’s preference is expressly recognised as a statutory factor under § 61.13001 (7)(d), but the weight given to this factor depends on the child’s age and maturity. Florida courts do not assign a fixed age at which a child’s preference becomes determina - tive. Under § 61.13001, the older and more mature the child, the more weight the court will give to the child’s expressed preference, but the preference is
164 C HILD RELOC AT I ON 20 26
CHAMBERS.COM
Powered by FlippingBook