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Relocation in the Lake Mary, Florida and Orlando, Florida Area

You got a new job out of state. You need to relocate. What can you do? Will your ex-spouse or the other parent in a current or prior custody case object to you moving out of state? Have you asked them? Did they say yes, or no? If they said ‘Yes,’ then you can file a Joint Stipulation for Relocation and Modification of Timesharing.You will include the new Timesharing schedule, who will pay for the transportation, and the transportation arrangements. 

What happens if the other parent says ‘No’? What can you do? You can file a Petition for Relocation and Modification of Timesharing. The Florida Statute on Relocation is Florida Statute 61.13001. Make sure you attach the job offer to the Petition for Relocation. If you have received a written job offer, it is mandatory that it is attached to the Petition for Relocation. 

You must also include a description of the new address, the actual new address, the phone number, the intended move date, reason for the relocation, a proposed post relocation visitation schedule, the transportation arrangements, and 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.

The Petition for Relocation must be served on the other parent and on every other person entitled to access to and time-sharing with the child. If there is a pending court action regarding the child, service of process may be according to court rule. Otherwise, service of process shall be according to chapters 48 and 49 or via certified mail, restricted delivery, return receipt requested.

You can read Florida Statute 61.13001 for what you must prove in order to relocate. That is contained in Florida Statute 61.13001(7).

If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation. You may also visit my website at: https://www.annmariegildenlaw.com 

This article is for informational purposes only and does not form an attorney client privilege.