If you are the custodial parent of your child and would like to move out of state, you’ll need to clarify a few things with the state first.
If you fail to get approval from the state or the child’s other parent, you may find yourself in legal trouble.
Section 61.13001 of the Florida Statutes states, “[i]f a parent attempts to relocate with a child and fails to comply with section 61.13001(3) …such parent may be subject to contempt and other proceedings to compel the return of the child…”
Both Parents Agree
If both parents agree to the move, a written statement will need to be provided to the court as proof.
The agreement should include:
- the noncustodial parent’s approval;
- necessary changes to the visitation schedule; and
- a record of transportation the parents have secured for visitation.
If any other family members have visitation rights with the child (i.e. grandparents, aunts, or uncles), they must also submit a written agreement to the move.
The Non-Custodial Parent Disagrees
It’s not unheard of for one parent to disagree with the out-of-state move. When a child moves out of state with only one parent, the other parent will have a much harder time visiting their child and maintaining their relationship. If the non-custodial parent disagrees with the move, the custodial parent will need to file a petition to get the move approved.
The petition requires:
- the reason(s) for the move;
- the location of the move (including address, mailing address, and phone number);
- a proposal for visitation and an updated parenting schedule;
- how the move will affect the child’s development and well-being; and
- a notice informing the non-custodial parent how to object to the move.
In the event the non-custodial parent fails to reply to the petition, a judge will allow the move. However, if the non-custodial parent does reply to the petition, the case will proceed to a trial or hearing. For the best chance of the case ending in your favor, you should hire a family law attorney with experience in child relocation cases.
Reach Out to Russell S. Hershkowitz, LLC
Hiring an attorney to represent your side of an out-of-state move is critical if you hope to win the case. Our attorney can help you build the case in your favor and explain why your child will benefit from an out-of-state move.
Contact us online or call our firm at (407) 753-4111.