What Goes Into a Petition for Relocation?
Parents who share custody of their minor children and have an existing time-sharing schedule must take formal steps to modify the time-sharing schedule and custody arrangement if they plan to relocate. Under Florida law, any move is not necessarily considered a “relocation” that requires a legal modification of your time-sharing schedule and arrangement. A move is only considered a “relocation” requiring a modification if the parent is moving at least 50 miles from their current residence and for at least 60 consecutive days. If you are planning to change your residence by at least 50 miles and for at least 60 consecutive days, then you will need to move forward with a formal relocation under Florida law.
What do you need to include in your petition to relocate? Our Port St. Lucie family law attorneys can provide you with more information.
Understanding Relocation Petition Requirements
Relocation can occur by agreement (when both parents agree). Yet if your child’s other parent does not agree, then you will need to move forward with a petition to relocate. The petition to relocate must then be served on the relevant parties.
Under Florida law, “unless an agreement has been entered” for relocation by agreement, “a parent or other person seeking relocation must file a petition to relocate and serve it upon the other parent, and every other person entitled to access to or time-sharing with the child.”
What Your Petition Must Include
According to the specific language of Section 61.13001(3)(a) of the Florida Statutes, your petition to relocate must include all of the following as cited in the law:
- 1) A description of the location of the intended new residence, including the state, city, and specific physical address, if known;
- 2) The mailing address of the intended new residence, if not the same as the physical address, if known;
- 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. If one of the reasons is based upon a job offer that has been reduced to writing, the written job offer must be attached to the petition;
- 6) A proposal for the revised postrelocation schedule for access and time-sharing together with a proposal for the postrelocation transportation arrangements necessary to effectuate time-sharing with the child. Absent the existence of a current, valid order abating, terminating, or restricting access or time-sharing or other good cause predating the petition, failure to comply with this provision renders the petition to relocate legally insufficient; and
- 7) Substantially the following statement, in all capital letters and in the same size type, or larger, as the type in the remainder of the petition: A RESPONSE TO THE PETITION OBJECTING TO RELOCATION MUST BE MADE IN WRITING, FILED WITH THE COURT, AND SERVED ON THE PARENT OR OTHER PERSON SEEKING TO RELOCATE WITHIN 20 DAYS AFTER SERVICE OF THIS PETITION TO RELOCATE. IF YOU FAIL TO TIMELY OBJECT TO THE RELOCATION, THE RELOCATION WILL BE ALLOWED, UNLESS IT IS NOT IN THE BEST INTERESTS OF THE CHILD, WITHOUT FURTHER NOTICE AND WITHOUT A HEARING.
Contact Our Port St. Lucie Family Lawyers to Discuss Any Florida Child Custody or Relocation Matters
Do you have questions or concerns about what will need to go into a petition for relocation? If your ex-spouse or partner with whom you share a minor child and a time-sharing schedule has objected to your plans to relocate, you will need to file a petition for relocation. That petition will need to contain the information we discussed above, and you will need to work with a lawyer who can assist you in preparing the petition to relocate in addition to representing you in your relocation case before the court. An experienced Port St. Lucie family law attorney at Baginski Brandt & Brandt can discuss your case with you today and can begin working with you on your petition to relocate and any other legal matters that may arise in connection with your planned relocation. Contact our firm today for assistance.
Source:
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.13001.html
