THE RELOCATION BATTLE
As the cost of living continues to climb in South Florida
many families have decided to pack up and leave town for hopefully greener
pastures. This is a very difficult decision for most families. It is even a
greater struggle at times for divorced couples with minor children.
Relocation is perhaps the most difficult area of family law. Often times the
custodial parent has a very legitimate reason for her/his desire to relocate.
Just as often the non custodial parent has just as legitimate a reason to
insist the minor children not be removed from the area. He/she is actively
involved in the children’s lives. It is difficult to ask a parent to consent
to allowing his/her children to move away, most times to a location hundreds
of miles away. Gone are the every other weekend visitations, school events,
and watching the kids play sports. If however the custodial parent can no
longer afford to live in South Florida and she/he has an opportunity to move
to a city where she/he will have a better job, a cheaper cost of living and an
all around better life, why shouldn’t she be able to better herself? You can
certainly see the dilemma.
Ask most judges and they will tell you that these
cases are the most difficult to resolve. Two loving parents, each wanting to
be a part of their kids’ lives. Often times the custodial parent believes
that because she/he has that designation, she/he has the right to move
wherever she/he wants. That of course is not true. In the past several
months I have seen a great number of relocation cases. The cost of living,
housing prices and the general state of the economy are forcing many parents
to look elsewhere. Unfortunately I have also seen an increase in parents
simply moving away with their children, without advising the other parent.
This method of self help is in violation of Florida law and harmful to the
children.
Approximately one year ago Florida Statutes 61.13001 was
enacted. It clearly spells out the requirements for a custodial parent
seeking to relocate to a location at least 50 miles away. A parent must file
a notice of intent to relocate stating where she/he is intending to move, the
date of the intended move, the new phone number and the reason for the
relocation. In addition a proposed revised visitation schedule must be
included. Once received by the non custodial parent she/he has thirty days to
file an objection with the court. If an objection is not timely filed there
is a presumption that the non custodial parent is consenting to the move and
it will be permitted. If an objection is timely filed, then the parent
seeking to move must make application to the court for permission. It will
then be the Court’s decision based upon a number of factors. The number one
concern is the children’s best interests.
If you are considering a move I would strongly suggest
you contact an attorney to discuss your obligations under the law. If you
have a former spouse seeking to move with your children you should also speak
to an experienced family law attorney.
If you would like any additional information please call me at 954 385-9160 to schedule an appointment.
