If you are a resident of Florida who is considering moving with your child and this move will affect the parenting agreement, you must petition for relocation with the court. Granting relocation will depend on a variety of factors as well as if the best interests of the child will be served.
Relocation by mutual agreement
In some cases, the petition for relocation will be in the form of an agreement signed by both parents and submitted to the court. If both parties agree to the move and neither files a request for a hearing, then the court will approve the move. This written agreement will cover a variety of areas, including:
• Each parent’s consent to the move
• Detailed changes to the parenting schedule and parenting plan
• Any arrangements regarding transportation to comply with the new parenting schedule
Relocation by petition
In case one of the parents is not in agreement, the parent who wishes to relocate with the child will need to petition the court and serve the other parent. As well, the relocating parent must provide additional information, including:
• The physical and mailing address, if different from the physical address, of the new residence
• The telephone number, if possible, of the new residence
• A detailed statement about the reason for the relocation, including a copy of the job offer if this is one of the reasons why the person seeks to relocate
• A detailed proposed parenting schedule and parenting plan, including transportation arrangements, that will be in effect after the relocation
• A written statement with the information for timely response to the petition from the other party.
If the other party does not respond in a timely manner, the court will usually approve the move. If the other party does respond, then the parent cannot relocate without first going through a court hearing to determine the outcome.
