Under Florida law, if a parent chooses to relocate more than 50 miles from the child(ren)’s current residence, the parent proposing relocation must file either a Relocation By Agreement or Petition to Permit Relocation with Minor Children.

Relocation with Child(ren) by Agreement in Florida (“Agreement”) is a relatively simple process. The Agreement requires:

a)      The parents agree to the relocation.

b)      Articulation of a time-sharing schedule for the non-relocating parent.

c)      Description of travel arrangements for the child(ren).

d)      A proposed order to be submitted to the court. Unless requested, a hearing is not necessary to secure relocation of children when both parties agree.

Petition to Permit Relocation with Minor Children in Florida

When the parents cannot agree on a proposal to relocate with the child(ren), a  Petition to Permit Relocation with Minor Children (“Petition”) is filed.  The Petition requires:

a)      Address and phone number of the new residence.

b)      The date of the proposed relocation.

c)      A detailed statement providing the reason for the relocation.

d)      A proposed relocation time-sharing schedule that includes logistical issues, such as travel arrangements.

e)      Clear notice to the other parent that they must object to the Petition within 20 days after service of the Petition.

Here are some of the factors a court will consider when ruling on a Petition:

a)      The nature, quality and extent of the child(ren)’s involvement with the parents, family and other persons in the child(ren)’s life.

b)      The age and development stage of the child(ren), including any disabilities.

c)      The child(ren)’s preference.

d)      Will the relocation enhance the quality of life of the child(ren) and parent.

e)      The reason for the relocation, including whether or not the parent seeking or opposing the relocation is doing so in good faith.

If you are seeking to relocate with your child(ren) or opposing the relocation of your child(ren), please call The Taylor Law Office at (904)-339-5298, e-mail us at [email protected] or stop by the Jacksonville, Florida office.  The Taylor Law Office is  ready to assist you to navigate the complexities of Florida law related to relocation with children.