Custodial Parental Relocation in Florida
Parental relocation with a minor child is governed in Florida through the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) and Florida Statute §61.13001.
Relocation is often a necessary part of life. People move for many reasons – additional family support, new job opportunities, or for a simple change of scenery. When children are involved; however, and one parent wants to relocate, things can become complicated.
It will be important to talk with an experienced family law attorney about how the Uniform Child Custody Jurisdiction and Enforcement Act can affect your decision to relocate your family.
Lawyer for Parental Relocation in Florida
If you or someone you know wants to relocate with a minor child, but under Florida law, they cannot, or if you are a non-custodial parent and a co-parent is attempting to move out of State with your child, contact an experienced family law attorney in South Florida at Bacchus Law Firm for help.
Having practiced family law for years, our attorneys at Bacchus Law Firm understand that co-parenting can be a battle. With an experienced family lawyer to explain the process and your parental rights under Florida law, those battles may not be as stressful.
Our attorneys have been fighting on behalf of parents for their parental rights for years. We take cases throughout the Miami-metropolitan area in counties like Hendry County, Palm Beach County, Collier County, and Miami-Dade County, FL.
With offices are centrally located on Southeast 3rd Ave, in Ft. Lauderdale, FL, just minutes from the Broward County Central Courthouse we take cases throughout South Florida. If you have a family law issue in Miami, West Palm Beach, East Naples, or LaBelle, Florida, then contact our firm immediately.
Call (954) 500-5555 to schedule a consultation with our family law attorneys.
Broward County Establishing Paternity in Florida Information Center
- What is the Uniform Child Custody Jurisdiction and Enforcement Act?
- What needs to be in a relocation agreement?
- How does a person file a petition to relocate?
- What happens if a parent objects to relocation?
- How can parents be penalized for not complying with state law?
- Where can I learn more about custodial parent relocation in Fort Lauderdale?
The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)
The UCCJEA was introduced in 1968 to discourage interstate kidnapping among co-parents. Interstate kidnapping is essentially one parent, usually the non-custodial parent, traveling across state lines without proper authorization. In these complex interstate custody matters, guidance from a timeshare attorney in South Florida can be critical to protecting parental rights.
By 1981, every state in the U.S. had adopted the law – understanding the importance of uniformity in child rearing. The purpose behind the organization was two-fold: (1) to establish jurisdiction regarding custody in one state, known as the “home state”; and (2) to protect the order of that state from any modification in another state, as long as the original state retains jurisdiction in other cases.
Thus, in order for one parent to relocate his or her child, he or she must go through the child’s home state to modify the terms of the custody agreement.
Relocation by Agreement in Florida
Florida Statute § 61.13001 allows for relocating a minor child by agreement. The Law states that if the parents or any person entitled to access to the minor child agrees to relocate the child, then they must sign an agreement that states the following:
- defines an access or time-sharing schedule for the nonrelocating parent and any other persons who are entitled to time with the minor child;
- the agreement must also reflect consent to the relocation; and
- describe, if needed, any transportation arrangements related to access or time-sharing.
Florida Petition to Relocate
If a custodial parent would like to relocate and has not been able to do so with an agreement, then the parent must file a petition to relocate and serve it upon the other parent or any other person entitled to access or time-sharing with the child. The petition must be signed under oath and must include the following:
- a description of the location of the intended new residence, including the city, state, and physical address, if known;
- the home telephone number of the new residence, if known;
- the mailing address of the intended new residence, if not the same as physical;
- the date of the intended move or proposed relocation;
- a detailed statement of the specific reasons for the proposed relocation; if one of the reasons includes a job offer that has been reduced to writing, the job offer must be attached to the petition;
- a proposal for the revised post-relocation schedule for access and time-sharing with a proposal for transportation arrangements; and
- a statement required by statute to inform the petition recipient, in all caps, that a response to the petition objecting to the relocation must be made in writing, filed with the court, and served on the parent within twenty (20) days after the petition to relocate was served.
Failing to include any of the above in any petition to relocate a minor child may render the petition legally insufficient.
Objecting to Relocation in Florida
If a parent objects to their child’s relocation, the party must answer to the petition to relocate within twenty days of being served, and the objection must be verified and include a specific factual basis supporting the reasons for seeking a prohibition of the relocation. The objection must also be accompanied by a statement regarding the participation or involvement that the objecting party currently has or has had in the child’s life. In relocation disputes that also involve financial support concerns, guidance from an alimony attorney in South Florida can help protect a parent’s rights and interests.
Penalties for Relocating a Child without Authorization
If a parent relocates a child without complying with the requirements of Florida Statute §61.13001, he or she may be found to be in contempt of court and other proceedings to compel the child’s return may be taken into account in any initial or post-judgment action seeking to modify a parenting or child-sharing agreement.
Additional Resources
61.13001 F.S. – Visit Online Sunshine, the Florida Legislature’s website with the complete statutory language regarding relocation a minor child, including the process for petitioning the court and the process for objecting to a child’s relocation.
History of the UCCJEA – The Uniform Law Commission’s purpose is to promote uniformity in the law among the several states on subjects that require, or make uniformity desirable. The ULC provides a history of the and the rationale behind enacting a law across the states regarding child relocation and kidnapping.
Attorney for Child Relocation Broward County, FL
If you or someone you know has relocated with a minor child without authorization or you know someone who has valid grounds for relocation but is facing objection, then contact the experienced South Florida paternity attorney at Bacchus Law Firm.
We have years of experience representing clients in multiple family law matters, including child custody, time-sharing agreements, and other cases such as child support in South Florida. We take cases throughout the Miami-metropolitan area in counties like Collier County, Hendry County, Palm Beach County, and Miami-Dade County, FL.
Call (954) 500-5555 now for more information.
This Article Was Last Updated on Tuesday, May 30, 2017.
Get Certified Attorney For Child Relocation
Parental relocation cases in Florida are legally complex and strictly governed by Florida Statute §61.13001. Whether filing a petition to relocate or responding to an objection, having skilled legal guidance is essential to protect parental rights and the child’s best interests.
Frequently Asked Questions
- What does Florida Statute §61.13001 say about parental relocation?
Florida Statute §61.13001 governs parental relocation involving a minor child and requires either written consent or a court-approved petition. The statute applies to any move more than 50 miles for at least 60 consecutive days. - How do I file a petition to relocate in South Florida?
A petition to relocate South Florida must be filed under section 61.13001 Florida Statutes and served on the other parent. It must include the new address, reasons for relocation, and a proposed time-sharing schedule. - What happens if there is an objection to relocation in South Florida?
An objection to relocation in South Florida must be filed within 20 days of service. The court will then evaluate the child’s best interests before approving or denying relocation under Florida’s relocation statute, Section 61.13001. - Can a parent relocate a child without court approval in South Florida?
No. Relocating without compliance can result in contempt of court. Unauthorized relocation may also impact future custody or time-sharing determinations. - Do I need a parental relocation lawyer in South Florida for interstate moves?
Yes. A parental relocation lawyer in South Florida can help with jurisdiction issues, objections, and compliance with the UCCJEA. This is especially critical in interstate child custody or alleged child relocation disputes.
