Parental Relocation in Florida
Relocating Children and Child Custody Agreements
If you have primary custody of your child after you and your spouse have been divorced, there are important laws put in place to protect both parents and children that you must follow. If either parent is looking to move more than 50 miles away from when you currently reside, it is very important to get permission to do so. In fact, Florida Statutes section 61.13001 states that if a parent with primary residential custody of a child or children wants to move, he or she must either obtain a court order or written agreement allowing a move of more than 50 miles from the current residence.
If either parent is considering moving the primary residence of the child, it is very important to consult with a Tampa divorce attorney that deals with the relocation of children to ensure that the proper channels are followed. If you decide to move without obtaining the proper agreement, you could be held in contempt of court or risk losing your custody status, depending upon your circumstances.
Filing the Petition to Relocate
If you are filing a petition to relocate with your children, you must also notify the child's other parent of the following:
- Where you intend to relocate (city, state, and address – if known)
- Mailing address, if different than home address
- Intended move date
- Detailed explanation of the reasons for relocating
- Explanation of how you would like the new custody/parenting time agreement to look
Responding to a Petition to Relocate
If you are not filing, but have received a petition to relocate notification from your child's other parent, you can file a petition objecting to the relocation. This must be filed in writing within 20 days of receiving the petition. Givens Givens Sparks represents parents on both sides of the relocation debate. Whether you need to relocate or would like to object to a relocation, we are here for you.
Contacting Our Tampa Family Lawyers
When looking to obtain a court order to allow you and your child to move residences, you do run the risk of the other parent refusing to agree to the move. At that point, the court will take specific steps in order to determine if the primary custodial parent should be allowed to relocate with the child. Every attorney in our law firm is devoted to upholding the rights of children and parents in all types of family law cases. Relocation is no different, and we will stand by you throughout the process. Every relocation attorney at Givens Givens Sparks has extensive experience in handling this category of family law.