What Is Parental Relocation?
Relocating, with a child, can be tricky. By being aware of the process, and what it entails, the act of relocating becomes much easier.
What Is Parental Relocation?
Within the state of Florida, parental relocation is when one parent moves at least 50 miles away from their principal location, with their child, for a period of at least sixty-days.
Some examples of parental relocation are as follows:
- A mother who lives in Tampa moving to Miami.
- A father who lives in Tampa moving to Los Angeles, California.
- A mother who lives in Tampa moving to Portland, Oregon.
Every single one of the above is considered parental relocation.
How Can A Parent Relocate With Their Child?
A parent can relocate, with their child, if one of the following conditions is met:
- The non-relocating parent has learned of the relocation and has agreed to it.
- The parent who wishes to relocate has obtained approval from the court.
Outside of obtaining one of those two conditions, a parent who wishes to relocate will be unable to do so in a manner that is considered legal.
With all of that being said, a parent who wishes to move away, with their child, for a period that is less than sixty-days, can do so.
A parent who wishes to relocate for a period of time that is less than sixty-days will not need to obtain approval from the non-relocating parent or the court.
How Can A Parent Come To A Relocation Agreement?
A parent can come to a relocation agreement with the non-relocating parent. By doing so, they will then be allowed to relocate, as the other parent will have agreed to the relocation.
To come to this relocation agreement and, in turn, be allowed to relocate, two parents must clarify and agree to the following:
- The location that the relocating parent, and their child, will be moving to.
- The time-sharing agreement that the non-relocating parent will be using.
- The transportation arrangements that both parents will be relying upon.
Every single one of these conditions must be outlined within a relocation agreement. Right before a relocation can be granted, the non-relocating parent must sign the document.
A failure to obtain the non-relocating parent’s signature will force the relocating parent to petition the court directly.
How Can A Parent Petition The Court To Relocate?
A parent can petition the court to relocate. To create this petition, a relocating parent will need to provide the following information:
- The physical address of the intended location.
- The mailing address of the intended location.
- A description of the location.
- A description of the intended residence.
- The date of the intended move.
All of this information must be included within the petition. A failure to include this information will lead to the petition being denied.
Right after the petition has been filed, the non-relocating parent can contest it. This can prolong the relocation process or, depending on the reasons why the non-relocating parent is contesting the move, prevent it from happening.
But, if the non-relocating parent does not contest the move, then it is likely that the court will grant the relocation.
Speak With A Tampa Relocation Lawyer Today
Relocating can be tricky, especially if you need to petition the court. Speak with a Tampa relocation lawyer at the Westchase Law, P.A. today and we will assist you in obtaining a relocation agreement.
Sources:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.13001.html
codes.findlaw.com/fl/title-vi-civil-practice-and-procedure/fl-st-sect-61-13001/
