Parental Relocation Lawyer
Daytona Beach, Volusia & Flagler County

Are you trying to relocate with your child who you share with an ex? Speak with an Daytona Beach relocation attorney before taking action to discuss your options.

Steps You Must Take BEFORE Relocating

1. File a Petition to Relocate

Under Florida law, “relocation” refers to a change in location of your primary residence that is at least 50 miles away for at least 60 consecutive days. Unless the other parent is in agreement with the relocation and that agreement is reduced to writing and filed with the Court, the parent who wants to relocate with their child must file a Petition to Relocate. The Petition to Relocate must be served on the other parent who then has 20 days to file a written objection to the Petition for Relocation. If the other parent objects to the relocation, the court will hold a hearing to determine if the relocation is in the best interest of the child.

Florida Statutes §61.13001 spells out the requirements for the Petition to Relocate as well as the Objection. Florida courts have held that substantial compliance with the requirements of section 61.13001(3) is not sufficient. Strict compliance is required. Whether you are petitioning for relocation or defending against it, it is important to carefully review the petition to see if it complies with the strict requirements of 61.13001(3). If it does not, the petition may be legally insufficient and the request for relocation must be denied on its face prior to any hearing or trial.

2. Consider Disagreement or Opposition

If the other parent opposes or does not agree to the terms of your relocation, you must get permission from the court. If the case goes to court, it will involve a hearing in which the court determines what is in the best interest of the child. When determining what is in the best interest of the child, the court will consider the following:

The nature, quality, extent of involvement, and duration of the child’s relationship with each parent as well as other family members such as siblings, half-siblings, etc.
The age and developmental stage of the child, the needs of the child, and the likely impact the relocation will have on the child’s physical, educational, and emotional development, taking into consideration any special needs of the child.
The feasibility of preserving the relationship between the non-relocating parent and the child through substitute arrangements (i.e. air travel, driving, phone and video contact, etc.)
The child’s preference, taking into consideration the age and maturity of the child.
Whether the relocation will enhance the general quality of life for both the parent and the child
The reasons each parent is seeking or opposing relocation.
The current employment and economic circumstances of each parent
That the relocation is sought in good faith and the extent to which the objecting parent is current on their financial obligations to the parent seeking relocation (i.e. child support, debts pursuant to the Final Judgment of Dissolution of Marriage, etc.)
The career and other opportunities available to the objecting parent or other person if the relocation occurs.
A history of substance abuse or domestic violence by either parent

3. Contact an Attorney

The process of requesting relocation and getting it granted can be stressful and daunting. Having an experienced family lawyer on your team can help to make the process as smooth and easy as possible for you. At the Law Office of C a rol Lee Peake we understand you are already going through a lot, and we want to help you as much as we can. Contact our office online or call us at (386) 868-4039 to learn more about what we can do for you.