Parental Relocation with a child. Am I allowed to move out of state with my child? That is a question we get asked multiple times a day. F.S. 61.13001 Parental relocation with a child has addressed this issue for us. F.S. 61.13001(1)(e) has defined relocation as follows: “means a change in the location of the principal residence of a parent or other person from his or her principal place of residence at the time of the last order establishing or modifying time-sharing, or at the time of filing the pending action to establish or modify time-sharing. The change of location must be at least 50 miles from that residence, and for at least 60 consecutive days not including a temporary absence from the principal residence for purposes of vacation, education, or the provision of health care for the child.” Another important definition that the statute has provided is for Court. F.S. 16.13001(1)b) has defined court as follows: “the circuit court in an original proceeding which has proper venue and jurisdiction in accordance with the Uniform Child Custody Jurisdiction and Enforcement Act, the circuit court in the county in which either parent and the child reside, or the circuit court in which the original action was adjudicated.”
This information is important because if a couple is married and have a child, neither parent should relocate with the child without an agreement by the parties or a court order. If the parties are already divorced, they also may not relocate with the child without an agreement by the parties or a court order. If the parties were never married and there are no court orders already in place and no case pending, then technically moving a child out of the State is not a violation of a Court Order; however, the Courts can order the child to be returned to the Jurisdiction. In addition, there are many factors the courts consider when addressing time sharing which can include whether a parent left with the child without the other parents consent, the likelihood of the parents ability to co-parent and the likelihood of the parents ability to keep a meaningful relationship with the other parent. If the parties were never married and there is either a pending case or a previously entered order addressing parental responsibility or time-sharing you also may not leave without an agreement by the parties or a court order.
The ramifications that can come form a parent relocating a child out of the State can be severe which is why our office never recommends doing so without taking the proper actions to do so. We always recommend filing the proper court case and getting the proper order from the Courts that allow that relocation. The Courts consider many factors when determining whether a parent may relocate with a child.
We never recommend you attempt a relocation on your own. If you have more questions regarding relocating with a child in Orlando, Florida you may contact Michael Ferrin, Esquire or Victoria Anderson, Esquire of Anderson & Ferrin, Attorneys at Law, P.A. at 407-412-7041 to set an initial consultation.
This article is for informational purposes only and does not form an attorney client privilege.