Relocation by Agreement
Posted By Posted by Joanna Chapman on Dec 31, 2012 11:45am PST || Dec 31, 2012
Florida Statute 61.13001(2) allows for parents to forgo the formal process of petitioning the Court to relocate with a minor child(ren) if there is agreement by the parties. This section applies to parents and every other person entitled to access or timesharing with the child.
If you are a parent in this situation, it is important to follow a few steps to ensure that you are legally protected once the relocating parent moves with the minor child(ren). The statute requires that the parties must sign a written agreement that 1) reflects the consent to the relocation 2) defines an access or time-sharing schedule for the nonrelocating parent and any other persons who are entitled to access or timesharing, and 2) describes, if necessary, any transportation arrangements related to access or timesharing.
The statute goes on to require that if there is an existing cause of action, judgment, or decree of record pertaining to the child’s residence or a timesharing schedule, the parties shall seek ratification of the agreement by court order without the necessity of an evidentiary hearing unless a hearing is requested, in writing, by one or more of the parties to the agreement within 10 days after the date the agreement is filed with the court.
An experienced family law attorney can help guide you through this process to ensure that you, as a relocating parent, are legally protected. Contact Givens Givens Sparks to speak with a lawyer about your relocation case.