On October 1, 2009, the Florida legislature enacted Florida Statute 61.13001, which identifies the steps necessary for a parent to relocate their child under Florida law. If you currently live in Tampa or St. Petersburg, paternity has been established and you are under the jurisdiction of Florida courts, and you are planning to move more than 50 miles from your current home, you must obtain either: (1) written permission from the other parent or (2) a court order permitting the relocation.

If parents disagree over the potential relocation of a child, the parent seeking relocation must serve a Petition to Relocate on the other parent and anyone else entitled to access to or timesharing with the child. The petition must be signed under oath and must include specific allegations required by Florida Law, including a detailed explanation of the specific reasons for the relocation.. Failure to serve a petition meeting these requirements and/or relocating your child without a written agreement or a court order will be considered contempt of court and may result in: the court forbidding the relocation, a change in the standing timesharing agreement (previously referred to as custody agreement), a court order demanding the return of the child, or the relocating parent being forced to pay the other parent’s attorneys fees and all travel expenses related to visitation or the return of the child.

Once a petition to relocate is served, the other parent has 20 days to file a response. If the other parent fails to respond, the court will presume the move is in the best interests of the child and enter an order allowing the relocation and adopting the timesharing and transportation arrangements contained in the petition. If the other parent objects to the relocation, the relocating parent must prove that the move is in the best interests of the child. The court must consider many factors in determining whether to allow the relocation, including:

  • The nature, quality and duration of the child’s relationship with both parents and with siblings, half-siblings, and other significant persons in the child’s life.
  • The age and developmental stage of the child, the needs of the child, and the likely impact the relocation will have on the child’s physical, educational, and emotional development, taking into consideration any special needs of the child.
  • The feasibility of preserving the relationship between the nonrelocating parent or other person and the child through substitute arrangements that take into consideration the logistics of contact, access, and time-sharing, as well as the financial circumstances of the parties; whether those factors are sufficient to foster a continuing meaningful relationship between the child and the nonrelocating parent or other person; and the likelihood of compliance with the substitute arrangements by the relocating parent or other person once he or she is out of the jurisdiction of the court.
  • The child’s preference, taking into consideration the age and maturity of the child.
  • Whether the relocation will enhance the general quality of life for both the parent or other person seeking the relocation and the child, including, but not limited to, financial or emotional benefits or educational opportunities.
  • The reasons each parent or other person is seeking or opposing the relocation.
  • The current employment and economic circumstances of each parent or other person and whether the proposed relocation is necessary to improve the economic circumstances of the parent or other person seeking relocation of the child.
  • That the relocation is sought in good faith and the extent to which the objecting parent has fulfilled his or her financial obligations to the parent or other person seeking relocation, including child support, spousal support, and marital property and marital debt obligations.
  • The career and other opportunities available to the objecting parent or other person if the relocation occurs.
  • A history of substance abuse or domestic violence as defined in s. 741.28 or which meets the criteria of s. 39.806(1)(d) by either parent, including a consideration of the severity of such conduct and the failure or success of any attempts at rehabilitation.
  • Any other factor affecting the best interest of the child.

As demonstrated above, once you have a child with another individual you cannot simply decide to unilaterally move out of state, there is a specific procedure you must follow. If you are a parent who wishes to relocate your child or to prevent the relocation of your child, the Tampa Divorce lawyers at the Bowes Law Group can represent your interests and effectively present your case to the court. Please contact us at (813)421-4422 or complete this form to schedule a consultation and discuss your rights.