Relocating with a child after a divorce or separation can be a complicated and emotional process, especially when the relocation affects the timesharing arrangement or parenting plan. In Florida, Florida Statute 61.13001 governs parental relocation and provides the legal framework for how a parent can move with a child, particularly when the move significantly impacts the other parent’s involvement in the child’s life.

Whether you are the parent looking to relocate with your child or the parent contesting the move, understanding the legal process is crucial. At Golden Key Law Group, we can help you navigate the complexities of Florida’s relocation laws and ensure that both your rights and your child’s best interests are protected.

Florida Statute 61.13001: Key Aspects of Parental Relocation

Under Florida Statute 61.13001, a parent who wants to relocate with their child to a new location that is more than 50 miles away from the other parent must follow specific legal procedures. This law applies to any parent who has a court-ordered parenting plan in place.

There are two primary paths for relocation:

1. Obtain Consent from the Other Parent: If the non-relocating parent agrees to the move, the relocating parent can proceed without involving the court. The relocating parent must provide written notice to the other parent at least 60 days before the planned move.
2. Seek Court Approval: If the non-relocating parent objects, the relocating parent must petition the court and attend a hearing. The court will then evaluate the case to determine whether the relocation is in the child’s best interests.

Relocation Decisions: Key Factors the Court Will Consider

When the relocation is contested, the court’s primary focus will be on the best interests of the child. Florida Statutes 61.13001 outline several critical factors that the court will assess before granting or denying a relocation request:

1. The Reason for the Relocation

The court will evaluate the motivation behind the proposed move. If the relocation is driven by a job opportunity, closer proximity to family, or other factors that could benefit the child, the court may be more likely to approve the move. However, if the court perceives the relocation as motivated by personal gain or a desire to limit the other parent’s involvement, this could influence the court’s decision negatively.

2. The Impact on the Child’s Relationship with the Non-Relocating Parent

One of the key factors the court will assess is how the relocation will affect the non-relocating parent’s ability to maintain a meaningful relationship with the child. The court will consider whether the move will disrupt the existing timesharing arrangement and whether the non-relocating parent can continue to be involved in the child’s life. If the non-relocating parent has substantial time-sharing, this could reduce the likelihood of relocation being approved.

3. Feasibility of Maintaining a Relationship

The court will also evaluate whether the non-relocating parent can maintain a relationship with the child, even if the distance is increased. This includes the possibility of virtual communication (such as video calls) and the feasibility of scheduling periodic visits.

4. The Child’s Best Interests

The court will examine the child’s age, emotional ties with both parents, and how the move might affect their schooling, stability, and overall well-being. The child’s emotional development and ties to both parents will be carefully considered.

5. The Child’s Preferences

In some cases, the court may take into account the child’s opinion, especially if the child is old enough and mature enough to express a reasoned preference about the relocation.

Relocation Relief: What Happens at a Temporary Hearing?

In many relocation cases, particularly when the non-relocating parent contests the move, the court may schedule a temporary hearing. This hearing is designed to address urgent issues before the final relocation hearing and can help to set interim arrangements for timesharing or custody.

During a temporary hearing, the court will make provisional decisions about:

• Whether the relocation can proceed temporarily while waiting for the full hearing.
• Adjusting the timesharing plan to accommodate the proposed move, at least temporarily, until the final decision is made.

The decision made during a temporary hearing is not final and is subject to change based on the full trial and any new evidence presented.

How Golden Key Law Group Can Help

Navigating a relocation case under Florida Statute 61.13001 can be both complex and emotional. At Golden Key Law Group, we are committed to helping you through every step of the process. Whether you’re seeking to relocate with your child or contesting the move, we will provide the legal expertise and support you need. Here’s how we can assist:

For Parents Seeking Relocation:

If you are the relocating parent, we will:

• Provide Legal Guidance: We’ll explain the nuances of Florida’s relocation laws, ensuring you understand your rights and obligations.
• Assist with Filing the Relocation Petition: If you need to relocate, we’ll help you file the necessary paperwork to request permission from the court or the other parent.
• Handle Objections: If the other parent objects, we will work with you to navigate the legal process, advocating for your position.
• Prepare for Temporary Hearings: In urgent situations, we can represent you in temporary hearings, helping secure interim decisions that protect your rights while awaiting the final hearing.

For Parents Contesting Relocation:

If you are the non-relocating parent, we will:

• Protect Your Parental Rights: We’ll work diligently to challenge the proposed move by demonstrating why it’s not in your child’s best interest.
• Ensure Your Voice is Heard: We’ll ensure that the court considers how the relocation would negatively impact your relationship with your child and the time-sharing arrangements.
• Advocate for Your Child’s Well-Being: Our focus will be on the long-term well-being of your child, ensuring that the move doesn’t disrupt the bond you share.

Contact Golden Key Law Group Today

Whether you are seeking to relocate with your child or contesting a move, Golden Key Law Group is here to help. Relocation cases can have a significant impact on your relationship with your child and your future, so it’s essential to understand your legal rights and options.Contact us today to schedule a consultation. Let us provide the legal guidance you need to navigate the relocation process and protect your family’s future.