When Florida parents are no longer together as a couple, it is not unusual for the custodial parent to want to relocate with the child. With relocation, the principal residence of the person who has custody of the child will change from what it was at the time of the previous agreement for time-sharing or the pending action to establish or modify the time-sharing agreement.
In order for it to be considered a relocation, it must be a minimum of 50 miles away from the previous residence and continue for a minimum of 60 straight days not including a temporary absence for education, vacation or for the child to receive health care. Relocation can be by agreement. If this is the case, there can be a written agreement signed. This must: reflect that the move has been agreed to; have a schedule for the visitation rights to be exercised by the noncustodial parent and others who have visitation privileges; and describe any methods of transportation that will be used for visitation.
If an agreement has not been made, the parent who wishes to relocate must file a petition. This must be served on the other parent and to any other person who has legal access to the child. Within this agreement, there must be: the location of where the custodial parent is moving with an address; the mailing address if it is not the same as the physical address; the home telephone number; the date that the move will take place; a statement listing the reasons for the relocation with a job offer attachment if this is the reason; a proposal for the revising of the visitation agreement; and a capitalized statement regarding the requirements for the noncustodial parent to respond.
The best interests of the child are paramount in any case in which the parents are no longer together and the custodial parent wishes to relocate. Understanding how a relocation can be done and what the noncustodial parent or other party should do in these circumstances is key. Speaking to a legal professional who understands all aspects of a parenting plan including relocation can help with a case whether it is from the perspective of the custodial or noncustodial parent.
Source: leg.state.fl.us, "61.13001 -- Parental relocation with a child.," accessed on Jan. 9, 2017