Relocating? Parents With Custody May Need Court Approval

Florida

By Randi Dincher

Primary residential parents in Florida are often surprised to learn that relocating can require court approval.

This is true when relocating will have an adverse impact on the parenting schedule of the non-residential parent. Florida law prevents a residential parent from moving their residence more than 50 miles unless the parties enter into a written agreement in advance of the relocation, or the court approves the move.

This rule only applies when a court has previously entered an order establishing custody of a minor child. Further, the relocation rule does not apply to temporary situations such as vacations and visiting relatives.

If the non-residential parent agrees to the relocation, it must be done in writing. In order for the written consent between the parents to be valid, specific issues must be addressed in the document including a visitation schedule and transportation arrangements. The written agreement must be submitted to the court for approval.

Should the non-residential parent refuse to provide written consent to the relocation, notice must be filed with the court. The residential parent must then serve the other party and give them 30 days to submit a written response to the court. Should an objection be filed, there will be a hearing for the court to consider whether or not the relocation is in the best interest of the minor child.

Unfortunately, for most parents seeking to relocate time is of the essence. Commonly, the residential parent has an employment opportunity with a start date in the near future. However, it could take 60 days or more to get a hearing.

It is important to have an attorney who will promptly address your needs and attempt to get the matter scheduled as soon as possible. We at Avera and Smith, LLP are familiar with the family courts and do our best to get the case scheduled as quickly as possible.

Should you be considering relocating, we recommend you discuss your plans with the non-residential parent early in your process and retain an attorney to pursue the other party's written consent before you accept a new job offer.

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