[Avera Law Firm] Moving Your Family After Divorce

[Mark Avera]

At Avera & Smith, we receive phone calls almost daily from persons who have divorced, are the primary residential parent of their child or children, and desire to move to another city for any variety of reasons. Randi Dincher, Esq, of Avera & Smtih took a few moments to write the following piece to answer some of these questions.

Relocation of Residential Parent

Primary residential parents are often surprised when they become aware that relocating from their residence may require court approval if the result of the relocation will have an adverse impact on the parenting schedule exercised by the non-residential parent. Specifically, Florida Statute 61.13001 prevents a residential parent from relocating from their residence more than 50 miles unless the parties enter into a written agreement in advance of the relocation, or the court approves the move. This only applies where the court has previously entered an order establishing custody of the minor child. Furthermore, the relocation statute does not apply for temporary leaves from the residence for things such as vacations and visiting relatives.

If the non-residential parent consents to the relocation, it must be done in writing. In order for the written consent to be valid, specific things must be addressed in the document such as a visitation schedule and transportation arrangements. The written agreement must be submitted to the court for approval.

Should the non-residential parent refuse to provide written consent to the relocation, notice must be filed with the court. The residential parent must serve the other party and give them 30 days to submit a written response to the court. Should an objection be filed, there will be a hearing for the court to consider whether or not the relocation is in the best interest of the minor child.

Unfortunately, for most folks who seek to relocate, time is of the essence. Often times the residential parent has an employment opportunity with a start date being in the near future. However, it could take at least 60 days, or more to get a hearing. It is important to have an attorney who will promptly address your needs and attempt to get the matter scheduled as soon as possible. We at Avera and Smith, LLP are familiar with the family courts and do our best to get the case scheduled as quickly as possible.

Should you be considering relocation it is suggested that you discuss your plans with the non-residential parent early in your process and retain an attorney to pursue the other party’s written consent before you take that new job offer.

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Posted By Mark Avera to Avera Law Firm at 6/18/2007 09:45:00 AM