
Florida’s Relocation Statute
Florida’s relocation statute – F. S. 61.13001 (enacted in 2006) – significantly restricts the ideal of the custodial parent to shift away from the non-custodial parent’s home. Just before the passage of the statute, a custodial parent could almost move wherever in Florida with out courtroom permission.
Nevertheless, Florida’s legislature enacted which has redefined the expression relocation as moving 50 miles or much more from the residence of the other guardian. Below prior circumstance legislation, relocation was interpreted to signify transferring exterior of Florida, not inside Florida. Less than the new law, a father or mother who receives custody and desires to relocate need to now file and provide a created see upon the other mother or father and demonstrate, by thorough data, why relocation ought to be granted. The non-custodial dad or mum now has the suitable to file a created response inside 30 times as very well as having the appropriate to an evidentiary listening to. The Notice of Intent to Relocate have to be served upon the other father or mother and all other individuals who have court docket-requested custody and/or visitation legal rights. The Observe have to involve the adhering to information and facts:
* A description of the community and area.
* The handle of the meant new home.
* The cell phone variety of the supposed new residence.
* The day of the meant shift or proposed relocation.
* The causes for relocation. If one particular cause is primarily based upon a created job present, the offer you have to be hooked up.
* A proposed visitation program, and transportation preparations.
It may possibly be inadequate for a custodial guardian to only verify that the desired relocation would supply her/him and the small children with a help process (e.g., mom and dad, other family, pals, and so forth.). Likewise, it may perhaps be insufficient to only demonstrate a a great deal improved paying task awaits in the desired spot.
Nonetheless a mixture of the above variables with any other components (e.g., offering a substitute visitation approach together with contribution towards transportation charges of the other father or mother) would likely be legally ample. If the non-custodial dad or mum has not been an lively parent, relocation would be a lot more very likely. A complicated determination for a decide is no matter if to permit relocation when the employer of the custodial guardian or his/her new husband or wife necessitates that individual to transfer to a new spot. In summary, a mix of relocation elements ought to constantly be stated in detail in the essential See of Intent to Relocate.