Relocation - Larkin Family Law

What is a relocation in a family case?

This means a change of more than 50 miles of the principal residence of a parent from his or her principal place of residence at the time of the last order, or at the time of filing the pending action. There are two different ways a relocation can be resolved: (1) a written agreement of the parties consenting to the relocation; or (2) a petition for relocation filed with the court.

What is a petition for relocation?

If there is no agreement of the parties to the relocation, a petition of relocation must be filed. A petition for relocation is a pleading filed with the court by a parent requesting permission to relocate more than 50 miles from their residence. The petition must be served on the other parent and every other person legally entitled to have access to the party. For a petition to relocate to be effective, it has specific procedural and substantive requirements that must be met. You should consult with an experienced Tampa relocation attorney to ensure that the petition for relocation filed in your case complies with Florida law.

Does relocation only apply if a parent moves out of the State of Florida?

No. A relocation is based on the number of miles from one residence to another, not whether the move is outside the State of Florida. A move within the State of Florida could also require compliance with the relocation statute. Any permanent move of more than 50 miles from a parent’s previous residence is required to have an agreement or court order.

My former spouse agrees to my relocation. Do I still need to file a petition to relocation?

No. In lieu of filing a petition for relocation, the parents can enter into a written agreement reflecting the parents’ consent to the relocation, the timesharing schedule, and any transportation arrangements related to the timesharing.

What if I take my child to visit their grandparents for the summer out of state, do I need to file for relocation?

No. A temporary absence for the purpose of vacation, education, and healthcare for the child does not require relocation.

if I do not have my child the majority of the time, do I still have to worry about relocation?

Yes. Relocation applies to both parents. It does not matter how much timesharing you have with the child. Any parent with timesharing must abide by the relocation statute when they permanently move more than 50 miles from their principal residence for a period of more than 60 consecutive days.

I am in the military and received a PCS (permanent change of duty station). Am I exempt from relocation because I am in the military?

No. The Florida relocation statute has no special exceptions for military members. A PCS is not a deployment. It is permanent assignment, which implicates a relocation. However, Florida law does provide for some accommodations for active duty military members if their timesharing is materially affected by their service for more than 90 days. You should contact a military divorce attorney or military family law attorney to learn more.

If you are planning to relocate in the near future, time is of the essence to file a relocation action. Without an agreement, your move could be delayed or denied. It is imperative to get an experienced and knowledgeable Tampa relocation attorney on your side as soon as possible. We can act quickly and efficiently to reach an agreement or file a relocation action before your scheduled move.

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