RELOCATION

If you are divorced, or have a court-ordered visitation agreement, and you want to relocate of a child to a principal residence more than 50 miles away from his or her principal place of residence at the time of the entry of the last order establishing or modifying the parenting plan or the time-sharing schedule or both for the minor child, (unless the move places the principal residence of the minor child less than 50 miles from either parent), you must either 1) enter into a written agreement with the other parent, which details specifics as to future visitation arrangements with that parent in a Parenting Plan, which must then be ratified by the court, or 2) you must complete a Notice of Intent to Relocate and send it to that parent via certified mail.  The Notice of Intent to Relocate is a new Florida Statute which very specifically details the process for relocation.  If you do not follow the procedures exactly, you could be required to return your child to the court’s jurisdiction after you have moved, temporarily or permanently.  There is no presumption that you will be granted a request for relocation if the other parent opposes it, temporarily or permanently.  You will also have to take specific measures to ensure that your child(ren) have meaningful contact, visitation and communication with the other parent.  Those are outlined more specifically in Fla. Stat. §61.13001. 

This can be a complicated process if the other parent objects to your relocation with the child(ren).   

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Laing & Weicholz, P.L. is located in Boca Raton, Palm Beach County, Florida.  We serve all of South Florida, including Broward, Dade and Palm Beach Counties and provide family law legal representation for: divorce, relocation, child support, child custody, visitation, time sharing, child abuse, domestic violence, procuring and defending restraining orders, paternity suits, ante-nuptial agreements and post-nuptial agreements.

Call (561) 416-1818 to schedule a free consultation today.