Boca Raton Child Custody Lawyer Explains the Florida Relocation Statute and Navigating Divorce and Custody
In this post, child custody lawyer Jordan Gerber discusses Florida Statute 61.13001. This is also known as the Florida Relocation Statute.
What You Need to Know about Divorce and Custody
Florida divorce brings the promise a fresh start for Palm Beach County residents. For many, it also means getting the hell out of Dodge and relocating. The days of packing up and skipping town with the kids are over. You can thank Florida Statute 61.13001, otherwise knows as the Florida Relocation statute, for that. Now for the legal details you’ve been waiting for.
Florida Statute 61.13001 from Boca Raton to Fort Lauderdale
Some co-parents already are wary of parental kidnapping at the time they submit their parenting plan. Consequently, certain safeguards can be implemented. For example. Fort Lauderdale airports may be on notice to watch a parents traveling habits. The rules under the Florida Relocation Statute change if residency restrictions are included in a custody agreement. A residency restriction is a geographical restriction or limitation on where the parent resides. Hence, affording the other parent easy access to the child. The parent planning the relocation always has the burden to prove that the move is in the best interest of the minor child. Most noteworthy, before this even kicks in, there must be a substantial change in circumstances. This means that the parties didn’t consider possible relocation at the time they entered their parenting plan.
I Always Thought My Ex Would Live Somewhere from Boca Raton to Fort Lauderdale. What Does Florida Statute 61.13001 Say if Our Divorce and Custody Agreement Doesn’t Mention Moving?
It’s always a good idea to get a Florida child custody lawyer involved. When it comes to modifying a parenting plan, it’s especially important to get it right the first time. The moving parent must prove three things under Florida Statute 61.13001.
- That the circumstances have substantially and materially changed since the original child custody order.
- That the child’s best interest justifies the court to modify the time sharing schedule and parenting plan.
- At the time of the original child custody determination, change wasn’t contemplated.
Do I Need a Child Custody Lawyer if We Agree to Follow the Florida Relocation Statute?
If all parties entitled to time sharing and custody visitation under the parents court plan agree to the relocation, a written agreement does the trick. The parents court agreement also must reflect consent to the party relocating. Additionally, a new time sharing schedule is submitted. The divorce and custody agreement also has to detail any transportation arrangements related to a parents custodial access. All agreements are final upon written agreement of the parties. However, Florida Statute 61.13001 provides an additional ten days for a party to change their mind. This is always subject to court ratification.
A petition requesting relocation must be filed by the moving party when an agreement can’t be reached. The respondent then files an answer. Additionally, there are procedural requirements that must be followed after filing a motion seeking temporary relocation. Finally, a hearing must occur within 30 days.
The formal process of relocating with children under Florida Statute 61.13001 is especially meticulous. Therefore, a failure to address each court ordered element of the Florida relocation statute can result in dismissal.
Boca Raton Attorney Answers: So, Can I Move Out of State with My Child or What?
A Palm Beach County family court judge considers several factors upon receipt of relocation pleadings. Consequently, there’s one primary child custody consideration when relocating with children. This is the motive and intent of each parent. Finding the best Boca Raton lawyer is the key to ensure that your child’s happiness and well being is protected. It’s especially relevant to remember a parent’s divorce should have as little affect on his or her child and should therefore act accordingly.
The Factors Used by Judges from Boca Raton to Fort Lauderdale to Determine Contested Relocation under Florida Statute 61.13001
In reaching its decision regarding a proposed temporary or permanent relocation, the court looks to several factors.
- The nature, quality, extent of involvement, and duration of the child’s relationship with the parent or other person proposing to relocate with the child. Also the relationship with the non-relocating parent, 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.
- The likely impact the relocation will have on the child’s physical, educational, and emotional development.
- The feasibility of preserving the relationship between the non-relocating parent and the child through substitute arrangements.
- The child’s preference, taking into consideration the age and maturity of the child.
Additional Factors Used by Judges from Boca Raton to Fort Lauderdale to Determine Contested Relocation under Florida Statute 61.13001
- Whether the relocation will enhance the general quality of life for both the parent seeking the relocation and the child. This includes 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.
- Whether the proposed relocation is necessary to improve the economic circumstances of the parent seeking relocation of a child.
- Relocation is sought in good faith.
- The extent to which the objecting parent has fulfilled his or her financial obligations to the parent or other person seeking relocation. This also includes child support, spousal support, and marital property and marital debt obligations.
- The career and other opportunities available to the objecting parent if the relocation occurs.
- A history of substance abuse or domestic violence by either parent. This also includes 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
Click Boca Raton Child Custody Lawyer today to schedule your consultation and help us help you. Proudly Serving Boca Raton, Delray Beach, West Palm Beach and all of Palm Beach County, Florida. Assisting in all matters of Florida Family Law.
Boca Raton To Fort Lauderdale Family Law Attorneys Practice Areas Include:
Simplified Dissolution of Marriage
Child Custody Laws
Florida Parenting Plan
Time Sharing In Florida
50 50 Custody
Relocation Under Florida Statute 61.13001
Florida Statutes Chapter 39
Modification of Child Custody In Florida
Florida Child Support Enforcement