Once you have received a final judgment in your divorce or paternity action, you may decide that you wish to move and to take the minor child(ren) with you. Florida Statute 61.13001 controls a parent’s ability to relocate with the minor child(ren). If the parents agree to allow the minor child(ren) to relocate, then a new parenting plan which details the new timesharing arrangement, who will be responsible for transporting the child(ren) for timesharing, and a new child support amount should be drafted and approved by the Court.
If the parents are unable to agree, the parent wishing to relocate would need to file a Petition to Relocate. The Statute sets forth very specific items which must be addressed in the petition including, but not limited to, a description of the intended new residence, the date of the intended move, and the reasons for the proposed move. The petition must also include a proposal for a new timesharing plan for the parent who is not relocating. The petition must be signed under oath by the parent wishing to move and served upon the other parent.
Once served, the non-relocating parent has twenty days to file an objection. If no objection is timely filed, the Court may presume that the move is in the best interest of the child(ren) and grant the petition. If an objection is filed, the Court will hold an evidentiary hearing or trial to determine whether or not the relocation is in the best interests of the child(ren).
The most important thing to remember is that the Court will base its decision using the best interest of the child(ren). The Court must consider many factors in making this determination. If the parent wishing to move can prove that the move is in the best interests of the child(ren), it then becomes the job of the non-relocating parent to prove that it is not in the child(ren)’s best interest to move. The Court uses a preponderance of the evidence standard.
If you are considering relocation, talk to Men’s Rights Law Firm to learn more about the steps that you will need to take.