Relocating in the middle of a divorce?

When a husband and wife decide to divorce, but plan to reside in the same geographic area, it is fairly easy for a court to address the issue of custody by granting equal or substantial timeshare.

However, this problem can get quite complex (and contentious) when one of the spouses wants to move a great distance to a different part of Florida, or to a completely different state, and wants to take their child or children with them. When this situation arises, there is a specific legal provision that governs how to grant custody when one of the parents wants to move to another place.

Overview

When you or your future ex-spouse want to move 50 miles or more away for 60 days or more, Florida’s relocation statute kicks in. Florida’s relocation statute (ie Section 61.13001, Florida Statutes) governs the relocation of parents with a child. According to Section 61.13001, Florida Statutes, “relocation” is considered a change in the residence of a parent or other person from their primary place of residence (I) at the time the order was last issued to establish or modify the timeshare, or (ii) at the time of the last pending action that established or modified the timeshare.

Relocation status

The relocation statute was enacted by the Florida legislature to prevent a party to a divorce from making the unilateral decision to relocate. The party seeking to move to a different area with their child must file a Notice of Intent to Move with the court. The other party to the divorce proceeding has the right to object.

If you or your future ex-spouse wish to move to a different area, you must present evidence to the court showing, by preponderance of the evidence, that moving to another part of the state or to another state is in the best interest of the child. If you, or your future ex-wife, can meet this burden of proof, the burden will shift to the parent who will stay. They will have to show, by the preponderance of the evidence, that possible relocation is not in the best interest of their child. Once this argument is transmitted to the court, the judge will analyze the facts and make a decision.

Relocating to a different part of Florida, or a different state, with your child without meeting the requirements of the relocation statute can result in the court imposing severe penalties. For example, the party that is relocated could be:

• Held in contempt of court

• He ordered to force the return of the minor

• Subject to significant modifications to the court’s timeshare schedule

Questions about relocation rights? Contact an Experienced Miami Custody Attorney

If you or your future ex-spouse wish to move to a different part of Florida or to a different state, it is imperative to adhere to the specific protocols and requirements set forth in the relocation statute. One mistake or oversight could significantly affect your ability to relocate. Therefore, it is in your best interest to consult with an experienced and reputable Miami custody attorney to obtain the best result for all parties involved.