Can a Parent Move Out of State Without Permission?
A common question that arises in family law, particularly during paternity and divorce proceedings, is whether a parent may relocate or move out of state with their child without obtaining permission from the other parent or the court.
Relocation Laws in Florida
Relocation means a change in the location of the principal residence of a parent from his or her principal residence at the time of the last order on timesharing that is more than 50 miles away and for at least 60 consecutive days. These laws are designed to protect the rights of both parents and ensure that any proposed relocation is in the best interests of the minor child. Unless an agreement has been reached by the parents, a parent seeking to relocate must file a Petition to Relocate and serve it upon the other parent.
Petition to Relocate
This petition must include specific information about the proposed relocation, such as the new address and description of the new resident, phone number, date of intended move, detailed statement of specific reasons for the move and a proposed revised timesharing schedule. The non-relocating parent then has the opportunity to object to the proposed relocation. The non-relocating parent must object within twenty (20) days, otherwise, the court will presume that the relocation is in the minor child(ren)’s best interest.
Objections and Court Proceedings
If the non-relocating parent objects to the proposed move, he or she must file an answer objecting to the petition and request that the court deny the requested relocation. The court will then consider specific criteria set forth in the Florida Statutes, including the reasons for the move, the child’s relationship with each parent, the feasibility of preserving the relationship between the child and the non-relocating parent, child’s preference, career opportunities, substance abuse and how the move will impact the child’s development. The court will ultimately make a decision based on the best interests of the child.
Penalties for Non-Compliance
It’s important to note that failing to comply with Florida’s relocation laws can have serious legal consequences. A parent who relocates without following the required procedures may be subject to contempt of court or other penalties, and the court may order the parent to return the child to the jurisdiction.
Consulting with a Family Law Attorney
If you are considering relocating with your child or if your co-parent is planning to move, it’s crucial to seek guidance from an experience family law attorney. A knowledgeable attorney can provide personalized advice based on your situation and help you understand your rights and obligations under Florida Law.
Johnson Ritchey Family Law is highly experienced in handling relocation matters. If you have specific questions or concerns about relocation or any other family law matter, contact Johnson Ritchey Family Law today.
