Divorcing parents must create a parenting plan pursuant to Florida law. Parenting plans are documents that outline the custodial agreemen. It states which parent has timesharing with the child, for how long, how long you plan to handle vacations and holidays, and anything else you and your attorney want to include regarding how you and your spouse will share custody. Despite having a parenting plan already in place, some parents may feel the need to relocate. Moving closer to extended family or relocating for work are two common examples.
Can I Relocate With My Child?
Florida defines relocation as moving more than 50 miles away from your primary residence for 60 days or more. Exceptions include vacations (with the intent to return) and traveling for education or medical care. Is it possible that you can move outside of the 50 miles radius permanently? Yes, but one of two things must happen for this to be possible. The first is that your spouse agrees to the move. If they do, you will create and sign a written agreement that addresses the new (if any) custody arrangements, that both parents consent to the move, and your transportation plan.
What if My Spouse Doesn’t Consent?
When your spouse doesn’t consent to the move, you must file a petition to relocate with the court. You should contact an attorney who will draft this and file it on your behalf. Part of the petition includes where you intend to move and the proposed custody arrangement (along with transportation). After it has been filed with the court, they will serve your spouse with the petition.
If you are the person being served, you need to contact an attorney immediately. You and your attorney only have 20 days to file a response from the day you were served. In the response, your attorney will explain why you are against the move and how involved you are in the child’s life. If you fail to respond within 20 days, the court may grant your spouse’s petition. You are forfeiting your ability to fight the relocation by waiting.
Contact the Family Law Attorneys at C. Alvarez Law
After your petition is filed, there will be a hearing. The courts consider a multitude of factors before determining whether they will grant the relocation. It is essential to meet with a family law attorney, explain the circumstances, and allow them to develop an appropriate response as to why the move is (or isn’t) in the child’s best internet. Speak to one of the attorneys at C. Alvarez Law by scheduling a consultation.
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