Blog

Can I Move Out of State With My Child?

F.S. Chapter 63.13003 Parental Relocation with child deals with this topic.

You are allowed to move within 50 miles of your current address. If you move 50 miles or more, you need to follow the following steps:

Relocation by Agreement. If the other parent agrees to relocation in writing. You should include the following in the consent to relocation:

Define the time sharing for the other parent who is not moving.

Describe the transportation arrangements for time sharing.

If there is existing cause of action regarding the child, you need the court to ratify the agreement without the need for a hearing unless a hearing is requested in writing by one party within 10 days of the agreement being filed with the court.

If the other parent does not agree to relocation you, you must file a petition to relocate and serve it on the parent and every other person entitled to access to the child. It must be sworn to under oath. The petition must include:

• New address of relocating parent.
• The mailing address, if not same as the physical address.
• Home phone number of relocating parent.
• The date of intended move or relocation.
• A detailed statement of why you are relocating. If it is because of a job offer, include the job offer and all details of new job.
• A schedule of the time sharing when the parent relocates, and the transportation regarding time sharing.

You need to include this in capital letters:

A RESPONSE TO THE PETITION 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.

You can google F.S. 61.13001 for the complete statute and other relevant information for relocation.