27 Sep Child Custody Relocation Requests
Relocation requests, whether they involve military parents or not, require the court to follow Florida Statute 61.13001. A relocation action is decided strictly as the statute dictates, and an experienced lawyer can tell you the best strategy to help you prevail. Call attorney Bradley Sherman to help you develop a winning strategy for you. If the facts of your case do not support a win, Bradley Sherman will tell you.
Florida law provides, a parent wishing to move a child’s residence more than 50 miles* away must either obtain a written agreement and consent to the relocation from the other parent or obtain a court order granting relocation. A parent who obtains written consent from the other parent will generally be allowed to move, if the agreement is in writing, describes the time-sharing schedule for the non-relocating parent, and explains all timesharing related arrangements. The written agreement between the parties must be approved by the court.
If an agreement cannot be reached, Florida law requires that the parent seeking relocation notify the other parent of the proposed relocation by filing and serving a Notice of Intent to Relocate, which is also filed with the Court, to include the date of the proposed move, new address, phone number and reason why the move is in the best interests of the child. The proposal should also include a proposed timesharing schedule and a proposal for transportation arrangements. Upon receipt of the Notice of Intent to Relocate, the other parent has 20 days to object or respond to it. If an objection is raised to the proposed relocation, then pretrial discovery and mediation must occur before the matter will proceed to a Judge for final determination based on the child’s best interest.
*50 miles is calculated by direct distance as opposed to the distance by traveled roadway.