Florida Divorce & Relocation Notice
Once a couple with minor children files for divorce in the state of Florida, the parties may not relocate with the minor children without written permission from the other spouse or without leave of court. While the divorce involves the parents, the court always looks to the best interests of the minor children. If both parents are good parents, the court deems that fair and reasonable visitation is in the best interest of the children, which means that relocation outside a certain area is rarely permitted if both parents do not agree to it.
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Agreed Relocation
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If both parents agree to the relocation of the minor children, the parents must sign an agreement that consents to the relocation, according to Florida Statutes §61.13001 (2)(a)(1). The parents must also include a time-sharing schedule for long-distance visitation in the relocation agreement. The long-distance visitation schedule must also include transportation arrangements, including the mode of transportation and which party pays for the transportation.
Contested Relocation
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Sometimes, a parent accepts an offer for a better position, but the offer entails relocation of the parent with primary residential custody of the minor children. If the parent with secondary residential custody of the minor children does not agree to the relocation, the primary parent either has to decline the job or could apply to the court for a relocation order.
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Petition to Relocate
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The petition to relocate must, according to Florida Statutes 61.13001(3)(a through e), contain certain requirements that the petitioner must have for the petition to be looked at by the court. The petition must be notarized. It must contain a description of the new residence, including the physical address of the new residence, the mailing address of the new residence, the new telephone number (if it is known), the date of the move, the reason that the relocating party is moving and a proposed visitation schedule. At the end of the petition, the petitioner must include the following:
"A RESPONSE TO THE PETITION OBJECTING TO RELOCATION MUST BE MADE IN WRITING, FILED WITH THE COURT, AND SERVED ON THE PARENT OR OTHER PERSON SEEKING TO RELOCATE WITHIN 20 DAYS AFTER SERVICE OF THIS PETITION 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."
Service of the Petition for Relocation
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The petition must be served on the other parent and every person that has court-ordered visitation or is otherwise entitled to visitation with the minor children. While in some cases, the petition could be served via certified mail, it is always safer to hand-serve the petition via a process server so that you know that proper service has been achieved. If proper service is not achieved, the other parent (respondent) can request that the court dismiss the petition.
Default Relocation Notice (Final Judgment)
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Once a petition is served, if the respondent does not file his answer within the prescribed time, the court assumes that the relocation is in the best interest of the minor children and will sign a default final judgment allowing the primary parent to relocate, as long as the petition follows the letter of the law as outlined in Florida Statutes §§61.13001 et seq.
Warning
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This article was not written by an attorney and cannot be used for legal advice. Please consult an attorney if you have any questions regarding relocation of the minor children.
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