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Relocating with your child may require petitioning the court

On Behalf of | Apr 30, 2022 | Child Custody |

Perhaps your employer is offering you a promotion that will mean moving across the state.

As the custodial parent, you intend to take your 10-year-old daughter with you. However, if the other parent objects, you must petition the court for relocation approval.

About the statute

In the state of Florida, relocation refers to changing the primary residence of a parent. It is necessary to modify an existing child custody agreement if the proposed site of the move is at least 50 miles or more from the current residence. The statute recognizes two ways to accomplish the move: relocation by agreement or petition to relocate. If the non-relocating parent consents to the relocation plan, the only document required is a signed written agreement. If that parent objects, the person wishing to relocate must file a petition and serve it on the other parent who must respond within 20 days, or the court can approve the request for relocation.

Factors the court considers

The court always looks at a parental relocation request as it pertains to the best interests of the child. The court will consider various factors, including:

  • How the move affects the existing visitation schedule and what the plan is for a new schedule
  • The age of the child and current stage of development
  • Relationship of the child with the nonrelocating parent
  • Opportunities for the child’s education, emotional and social development

Information to include

The petition to relocate must include basic information about the new location, including the city and physical address of the new home. The petition must include the written job offer you received. It should also provide the proposed date of the move and new visitation details. An attorney can assist in writing this important document to ensure you leave nothing out.

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