Florida’s relocation statute – F. S. 61.13001 (enacted in 2006) – appreciably restricts the right of the custodial mother or father to transfer absent from the non-custodial parent’s home. Ahead of the passage of the statute, a custodial mum or dad could basically go any place in Florida with no court docket permission.
On the other hand, Florida’s legislature enacted which has redefined the time period relocation as transferring 50 miles or extra from the home of the other parent. Under prior situation legislation, relocation was interpreted to necessarily mean transferring exterior of Florida, not within Florida. Underneath the new legislation, a mum or dad who receives custody and needs to relocate will have to now file and provide a prepared see on the other guardian and verify, by specific information and facts, why relocation need to be granted. The non-custodial parent now has the proper to file a written response in just 30 days as properly as owning the suitable to an evidentiary hearing. The Detect of Intent to Relocate have to be served upon the other parent and all other persons who have court-purchased custody and/or visitation rights. The Observe have to involve the following information and facts:
* A description of the community and space.
* The tackle of the meant new home.
* The cellphone variety of the intended new home.
* The date of the intended go or proposed relocation.
* The reasons for relocation. If a person purpose is primarily based on a published work supply, the provide ought to be attached.
* A proposed visitation schedule, and transportation preparations.
It may possibly be inadequate for a custodial parent to only prove that the wanted relocation would provide her/him and the children with a guidance method (e.g., mothers and fathers, other family members, friends, and many others.). Similarly, it may be insufficient to only establish a a great deal far better shelling out occupation awaits in the wanted location.
However a blend of the higher than components with any other things (e.g., providing a substitute visitation prepare such as contribution towards transportation expenses of the other mother or father) would most likely be legally enough. If the non-custodial guardian has not been an energetic father or mother, relocation would be a lot more possible. A tricky choice for a decide is no matter if to permit relocation when the employer of the custodial dad or mum or his/her new partner requires that man or woman to transfer to a new site. In summary, a mixture of relocation components must always be mentioned in element in the necessary Observe of Intent to Relocate.