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Parental Relocation

Parental Relocation with a Child is governed by Florida Statute 61.13001 and is a relocation of a minor to a residence more than 50 (fifty) miles away from the child’s residence at the time of the entry of the last order establishing or modifying the designation of the primary residential parent or the custody of the minor child, unless the move is less than fifty miles from the nonresidential parent.

Relocation can be a highly volatile and emotional issue. It is an issue that should be approached carefully and it is advised to speak to an attorney about your rights and responsibilities and the appropriate measures to take in order to stay within the law per the Florida statute. Some parents are not initially aware that if they fall within the statute that they must file a “Notice of Intent to Relocate” per 61.13001(3) and there are specific specifications that you must follow when preparing the document and giving the other parent notice of your intent to leave with the minor child.

Contact the attorneys at Taracks Gomez & Associates to discuss the following criteria and information that must be provided in your Notice of Intent to Relocate:

1. A description of the location of the intended new residence,  
2. The mailing address of the intended new residence,
3. The home telephone number of the intended new residence,
4. The date of the intended move or proposed relocation. 
5. A detailed statement of the specific reasons for the proposed relocation of the child. If one of the reasons is based upon a job offer which has been reduced to writing, that written job offer must be attached to the Notice of Intent to Relocate. 
6. A proposal for the revised post-relocation schedule of visitation together with a proposal for the post-relocation transportation arrangements.

Per the Relocation statute, 61.13001(3)(a)(7) the following must be placed at the end of the Notice of Intent to Relocate:

“AN OBJECTION TO THE PROPOSED RELOCATION MUST BE MADE IN WRITING, FILED WITH THE COURT, AND SERVED ON THE PARENT OR OTHER PERSON SEEKING TO RELOCATE WITHIN 30 DAYS AFTER SERVICE OF THIS NOTICE OF INTENT TO RELOCATE. IF YOU FAIL TO TIMELY OBJECT TO THE RELOCATION, THE RELOCATION WILL BE ALLOWED, UNLESS IT IS NOT IN THE BEST INTERESTS OF THE CHILD, WITHOUT FURTHER NOTICE AND WITHOUT A HEARING.”

This and other important guidelines for relocation must be complied with and the attorneys at Taracks Gomez & Associates are aware of the rules and regulations regarding your proposed relocation and the expedited hearing that may follow your filing of an Notice of Intent to Relocate and can counsel you on the proper way to approach this issue.

The Attorneys at Taracks Gomez & Associates are also able to help you with objecting to a parent’s Notice of Intent to Relocate and the expedited hearing that may follow if the proposed move is still intended.

 

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