After a divorce your life may change drastically, and sometimes it’s
necessary to start over with a move. A new job, family obligations and
other factors can lead you to relocate, but if you have children, packing
up your bags and leaving isn’t as easy as you may think.
Florida defines a relocation as a parent moving 50 miles or more from their
current residence, for at least 60 days. If a parent does decide to move
with their children, they can come to an agreement by signing a written
contact that includes the terms of the move and new custody arrangements.
The contact must:
- Show that both parents agree to the relocation
- Set a time-sharing schedule for the non-relocating parent
- Include how the parents will transport their children for visitation
Once the contract is drafted and signed, it can be filed with the court
and requested to be ratified without the parents having to attend a hearing.
Petition to Relocate
If the parents don’t agree on relocation terms, the parent who wishes
to move must file a petition to relocate with the court and serve the
papers to the other parent. The petition must include the following:
- Address and phone number of the new home
- Date of proposed move
- Reasons for the move, including a job offer letter, if applicable
- Visitation schedule
- Plan for transportation
A non-relocating parent then has 20 days to file a response. If they don’t
the relocation request may be granted without a hearing. During the hearing,
the court will decide whether the move is in the child’s best interests
by looking at many factors, including the child’s relationship with
both parents, the parents’ reasons for and against relocation and
whether the move is necessary for financial reasons.
If you or your child’s other parent is attempting to relocate with
a child, please contact our
Daytona Beach divorce attorneys at Law Offices of Robert Stepniak today.
Call (386) 253-4750 or contact us online
for a free consultation.