The decision to relocate can be a difficult one, especially when it involves children. When a parent with child custody wants to move, it can have significant consequences for the other parent and the child. In Florida, relocation and child custody are closely linked, and it is important to understand the state’s laws and how they can impact your family.
In Florida, a parent with legal custody of a child can move anywhere in the state without the consent of the other parent. However, if a parent who does not have custody wants to move outside of the county where he or she currently lives, he or she must give his or her ex-partner a judicial hearing before proceeding with the move. The court will evaluate each case on its own merits, but it generally considers several factors when determining whether to allow relocation.
1. Florida’s Relocation Law:
In Florida, the relocation of a child is governed by the Relocation Statute, 61.13001. This law applies to parents who share custody of their children and wish to move more than 50 miles away from their current residence for more than 60 days. The law also applies to parents who have sole custody of their children and wish to move more than 50 miles away from their current residence for more than 60 days. The Relocation Statute requires that the parent who wishes to move to file a petition with the court, in writing, stating their intention to relocate and the reasons for the move. The other parent then has 20 days to respond and object to the relocation. If an objection is filed, the court will hold a hearing to determine whether the relocation is in the best interests of the child. The hearing will take place no sooner than 30 days after the objection has been filed.
Florida courts will consider several factors before allowing a parent to relocate his or her child. The first factor is the relationship between the child and the parent moving. If the child has an established relationship with both parents, it is more likely that he or she will be able to retain a healthy relationship with both parties. The court will also take into account whether any unusual circumstances exist that would make relocation necessary in order for the parent to continue his or her career or educational goals.
2. Florida’s Child Custody Laws:
Florida child custody laws are focused on the best interests of the child. Parents may have either sole or shared parental responsibility for their children, and the court will make a determination based on the child’s needs and the parent’s abilities to provide for those needs. The court will consider factors such as the parent’s ability to communicate and cooperate, the stability of the home environment, and the child’s relationships with each parent.
When a parent wishes to relocate, the court must consider the impact that the move will have on the child’s relationship with the other parent. In some cases, the court may modify the custody arrangement to ensure that the child’s relationship with both parents is preserved. For example, the court may order a change in the parenting time schedule or require the parents to share transportation costs. If necessary, the court may also modify its arrangement to ensure that the child’s relationship with both parents is preserved. For example, the court may order a change in the parenting time schedule or require the parents to share transportation costs.
3. Statistics on Relocation and Child Custody in Florida:
According to a report by Shared Parenting Works, Florida has one of the highest rates of child custody litigation in the country, with approximately 12% of children living in households where the parents are involved in ongoing disputes over custody. This can make relocation a contentious issue, as each parent may have different ideas about what is best for the child.
One study by the Florida Office of the State Courts Administrator found that in relocation cases, mothers were more likely than fathers to be the primary residential parent and to be granted permission to relocate. However, fathers who petitioned for relocation were more likely to be successful than mothers, suggesting that gender may play a role in the court’s decisions.
4. Diverse Perspectives on Relocation and Child Custody:
The issue of relocation and child custody can be emotional and complex. Parents may have different ideas about what is best for their children, and the court must consider the unique needs of each family. Some argue that the Relocation Statute places an undue burden on custodial parents and makes it difficult for them to relocate for legitimate reasons, such as job opportunities or family support. Others argue that the law is necessary to protect the child’s relationship with both parents and ensure that their best interests are served.
In Conclusion:
Relocation and child custody can be a complex issue. The laws that govern them can change from state to state, and in Florida, the court takes into account several factors before making its decision. If you are thinking about relocating with your children or would like more information on Florida’s relocation laws, you should speak to a lawyer who has experience with family law.
