Four Things to Know About the Parental Relocation Laws in Florida
People move around. It could be a new job opportunity, to be closer to extended family, or simply for a change of scenario. If you currently have shared parental responsibility of your child, a move might be affected by Florida’s parental relocation laws. Our Boca Raton and Coral Springs parental relocation attorneys highlight four of the most important considerations that Florida families should know about Florida’s state’s relocation laws.
- Moving vs. Relocating: Florida’s 50-Mile Rule
Florida’s relocation laws draw a sharp distinction between a parent who is relocating with their child and a parent who is simply moving with their child. Under state law (Florida Statutes § 61.13001), a relocation is a change in location 50 miles away from ones’ current location for at least 60 consecutive days. In other words, a parent moving to a new house in the opposite corner of Boca Raton will not trigger the application of the Relocation statute. As such, they are not required to follow Florida’s relocation statutorily required procedures.
- Notice is Crucial: A Relocating Parent Must Be Proactive
Florida’s relocation law requires notice. If you are planning to relocate to another part of Florida (or out of state) with your child, it is crucial that you provide as much advance notice as possible. Likewise, if your child’s other parent is relocating more than 50 miles away, they have a legal responsibility to provide you with advance notice. Failure to provide proper notice could lead to serious problems.
- Agreement or Court Approval May Be Sufficient
When moving a child more than 50 miles away, a parent generally has two options available:
- Obtain an agreement/consent with the other parent who has shared parental responsibility; or
- Seek court approval for the relocation.
Certainly, an agreement is the easier of the two options. Typically, an agreement will simply be a revised time-sharing schedule that includes updated provisions for transportation. If no agreement can be reached, a parent will need to petition for relocation with a Florida court prior to moving.
- When Possible, Collaborative Solutions Work Best
As with other issues involving children, it is best to make a good faith effort to work towards a collaborative solution in child relocation cases. At HVW Law Group, we know that parents generally want to keep the conflict to a minimum. Of course, it is neither possible nor practical to come to a collaborative agreement in every case. An experienced Florida relocation attorney can protect your parental rights.
Call Our Child Relocation Lawyers for Immediate Help
At HVW Law Group, our Florida family attorneys have the skills and knowledge to handle the full range of relocation cases. If you have any questions or concerns about relocation, we are more than ready to help. Contact us now for a completely confidential assessment and evaluation of your unique situation. With legal offices in Boca Raton and Coral Springs, we represent clients throughout South Florida, including, but not limited to Fort Lauderdale, Sunrise, Parkland, Delray Beach, and Boynton Beach.