Florida Laws Regarding Relocation After Divorce
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Because of jurisdictional competition between states over child custody, the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA) was created. The act helps state courts enforce custody jurisdiction, making the divorce transition as easy as possible for children. Florida Statutes §61.13001 determines relocation rules for relocation of the minor children during and after divorce proceedings.
Relocation by Agreement
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Florida Statutes §61.13001 allows for relocation of minor children by agreement of the parties. The parents and any other person who is entitled to time-sharing with the minor children must agree that the children may relocate with one of the parents or guardians. An agreement must be signed by all interested parties. The agreement must reflect the new location; consent to the location by all interested parties; define a time-sharing schedule for all non-relocating interested parties; and outline transportation arrangements, including cost-sharing of third-party transportation such as bus fares, airline fares or train fares.
Court Permission to Relocate
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If one of the parties does not agree to the relocation of the minor children, the requesting party must petition the court to relocate by filing a Petition to Relocate Minor Children. The petition must be served via process server or sheriff on the other parent and any other interested parties (those entitled to time-sharing with the minor children). The petition must be verified: It must be signed under oath under penalty of perjury. The petition must include the new location (exact address), the mailing address of the new location, the new telephone number, the date of the proposed relocation and detailed reasons for relocation. Evidence for the cause of the relocation request must also be attached to the petition (such as a job offer), if any exists.
Additionally, the petition must contain a proposed visitation schedule with the non-relocating parents and other persons of interest, including information on travel arrangements. At the bottom of the petition, according to Florida Statutes 61.13001(3)(a)(7), 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."
The petition must be served on the other parent and interested parties via process server.
Burden of Proof
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Florida Statutes 61.13001(8) states that the petitioner (person requesting the relocation) has the burden of proof. She must show that the relocation is in the best interest of the minor children. If she can prove that it is in the best interest of the minor children that they be relocated, the burden of proof shifts to the non-relocating parent or other interested person to show that the relocation is not in the best interest of the minor children.
Warning
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This article is not written by an attorney and is not legal advice. Contact an attorney for legal advice regarding relocation of minor children after a divorce.
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