Florida Law does provide for situations involving Parental Relocation (of a “parent” with his or her child(ren)).
First, one must determine if he or she is a “parent” entitled to time sharing with the Child. Generally, if a child is born to an intact marriage, then the Wife and Husband are the legal parents of that Child. If a child is born out-of-wedlock (Mother not married to Father), then the Mother is the natural guardian of the Child and, if the Father signs the child’s birth certificate, then he, too, is a legal parent. Next, a determination has to be made whether the relocating parent is entitled to time sharing with the Child. Let’s assume the Father signed the child’s birth certificate and is then afforded temporary time sharing with the Child pursuant to a court order. Most of the overnights are between Mother and Child. After the court order is entered, the Mother then serves upon the Father a Notice Of Intent To Relocate With A Child. Accordingly, the Mother wants to move out-of-state with the parties’ child so she can be closer with her family, who will be able to financially assist her and share in daily child care. What happens?
The Mother’s Notice must comply with the statutory requirements of section 61.13001(3), Florida Statutes. The Notice must set forth certain matter including: (1) a description of the location of the intended new residence, including the physical address, city and state; (2) the mailing address if different then the physcial address; (3) the home telephone number of the intended new residence, if known; (4) the date of the intended move or proposed relocation; (5) a detailed statement of the specific reasons for the proposed relocation, inlcuding as an attachment, any job offers reduced to writing; and (6) a proposal for the revised postrelocation schedule or time-sharing together with a proposal for the postrelocation transportation arrangements necessary to effectuate the proposed time-sharing. The Wife will also need to include the prescribed statement setting forth the Father’s right to object.
If the Father objects, he must do so in writing, verified, and serve same within 30 days after service of the Mother’s Notice. The objection must set forth a specific factual basis supporting his request to prohibit the relocation of the Child, including a statement of the amount of participation or involvement the Father currently has or has had with his child. Section 61.13001(5), Florida Statutes.
Upon objecting, the Mother will then have the initial burden of proving that the relocation is in the child’s best interests. Since the current order is “temporary”, then a case is pending. The Mother would then need to move the Court for permission to relocate. If the prior court proceeding was concluded (and a Final Judgment was entered setting forth the time sharing arrangement), then the Mother will need to initiate a post-judgment proceeding seeking permission to relocate with the Child. A hearing on the Mother’s request will be afforded priority on the Court’s calendar.
At a hearing, the Court will evaluate a series of factors in reaching a conclusion on the relocation request. Let’s assume the Father has been exercising regular time sharing with the child pursuant to the court’s order; that the Father is current with his child support obligation or in substantial compliance; the Mother will be earning just as much at the intended destination as she is able to do here; and neither parent is able to afford the costs of transportation. If this is the case, then the Court may consider denying the request even though the Mother has family to assist her. On the other hand, if the relocation “will enhance the general quality of life for both the parent seeking the relocation and the child”, then the Court may consider such a request. Section 61.13001(7), Florida Statutes. In this event, the Court may order contact with the child and nonrelocating parent to include time sharing “sufficient to ensure that the child has frequent, continuing, and meaningful contact . . . with the nonrelocating parent”. Section 61.13001(9), Florida Statutes.
THE FOREGOING IS NOT INTENDED AS LEGAL ADVICE. If you have any questions or are in need of legal advice, then please feel free to reply to this posting and/ or contact my Office at 727/ 895-5858 for additional information.
