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It is important to know that a parent may be required to follow specific procedures before moving residences if the change of location would be at least 50 miles away from their primary residence and for a period of at least 60 consecutive days, excluding temporary absences (vacation, education and healthcare). The provisions of Florida’s Relocation statute, section 61.13001, apply regardless of whether you are the parent with majority timesharing. In other words, the relocation statute applies to you even if you only have timesharing every other weekend or even once a month. The procedures you must follow depend on whether the other parent agrees or disagrees to the relocation.
If the other parent agrees to the relocation…then the process is easy. The requirements of the relocation statute by signing a written agreement that reflects the consent to the relocation, defines the timesharing schedule for the non-relocating parent and describes the transportation arrangements, if necessary. The court can enter the agreement without the necessity of an evidentiary hearing, unless a hearing is timely requested by either party.
If the other parent does not agree to the relocation…then a parent seeking relocation must file a petition to relocate and serve it upon the other parent. The petition must comply with very specific requirements set forth in section 61.13001(3)(a)(1)-(7) and failure to abide by these requirements could result in a dismissal of your case. A response to the petition must be made in writing, filed with the court and served on the parent seeking to relocate within 20 days. If the other parent fails to timely file a response objecting to the petition to relocate then it is presumed the relocation is in the best interest of the child and the relocation will be allowed, and the court will, absent good cause, enter an order adopting the timesharing schedule and transportation arrangements contained in the petition. If a response is timely filed, the case will proceed to a temporary hearing or trial to determine whether the relocation will be allowed.