Notice and Consent in Florida Child Relocation Cases

When a parent with court-ordered time-sharing or responsibility for a child considers moving more than 50 miles away, the question becomes: “What legal steps do I have to take to facilitate the move?” Florida law makes it clear that relocating with a minor child is a process. The decision cannot be made unilaterally by one parent. The requirements are strict. The statute that governs these moves is § 61.13001. In this article, the Tampa, FL, divorce lawyers at Westchase Law, P.A., will discuss the statute and how it works for parents who want to relocate with their minor children.

When does the rule apply?

Under § 61.13001, the relocation rules apply whenever a parent with a right to time-sharing seeks to change the child’s principal residence by at least 50 miles from their current residence at the time of the last order or modification. The move must last for at least 60 consecutive days, excluding vacations or other temporary absences.

If the move is within 50 miles (or is short-term), these procedural safeguards do not apply.

Two paths: Agreement or petition

The statute allows parents to move under two conditions:

• Relocation by agreement – If both parents agree in writing to the move, the parent can relocate the child without a contested hearing. The agreement must reflect consent to the relocation, define a new time-sharing schedule, and describe transportation arrangements if necessary.
• Petition to relocate – If the other parent doesn’t consent to the move, then the relocating parent must file a sworn petition under § 61.13001(3). The petition needs to describe the new residence, state the reasons for the move, and provide a proposed revised time-sharing and transportation plan.

The non-relocating parent has 20 days to reject the petition. If they don’t, then the relocation is presumed to be in the child’s best interests.

What happens if I skip steps?

Relocating with a minor child without following the statute’s requirements is risky. The relocating parent may face contempt charges, an order requiring the child to return, and a modification of the parenting plan that does not benefit them.

In addition, the court can consider the unauthorized relocation as a factor when reviewing future modifications.

Why this matters for Tampa families

In Tampa, parents who are considering a relocation must plan ahead. Even if the move seems beneficial to the children, the statute requires more than just good intent. You must either secure the other parent’s written consent or file the petition and serve it correctly. Failure to do so can jeopardize the relocation and trigger legal consequences.

In other words, moving with your child is a legal process with clear steps. A Florida family law attorney can help ensure you meet the notice and consent requirements under the statute.

Talk to a Tampa, FL, Family Law Attorney Today 

The Tampa family lawyers at Westchase Law, P.A., represent the interests of parents who are looking to relocate to another state. Call our office today to schedule an appointment, and we can begin discussing your next steps right away.

Source:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.13001.html