HomeFamily Law Articles Moving to Florida with a Minor Child Florida Moving status may be entered under title VI: Civil Practice and Procedure, Florida Statute`s Chapter 61`s “Dissolution of Marriage; Assistance The sharing of time.” It is status 61.13001 and it is called “Parental Moving with Child.” The Internet link on this subject is as follows: www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0061/Sections/0061.13001.html the court adopts a referral order authorizing a parent or other person to move with the child before a final judgment is rendered, the court must not give weight to the temporary relocation as a factor in the final transfer decision [Fla. Stat. In Wraight Wraight, 71 So.3d 139 (Fla. 5th DCA 2011), the Fifth District Appeals Court considered a permanent order in which the court acted on a mother`s request to move to the United Kingdom with the children of the parties. The court had given the mother permission to temporarily move to Britain with the child, and the mother had done so. The decision authorizing sustainable relocation contained a number of findings describing the child`s good academic performance and family contacts in the Uk; The decision also contained two explicit findings that further relocation would not be in the best interests of the child. Nevertheless, the Fifth Arrondissement found that there was no violation of the ban on Section 61.13001 (c) including temporary relocations as a factor in the decision to make sustainable relocations [see Wraight v. Wraight, 71 So.3d 139 (Fla. 5th DCA 2011) ]. Similarly, you should contact a child care lawyer if your ex moves without receiving a sketch case or get court approval. Family judges do not want a parent to try to resolve the situation on his own without asking the court for intervention. The use of self-help can significantly affect your ability to get a case for relocating children to Florida.
Although it is often a judge ordering a relocation order, it is possible for parents to obtain an agreement outlining the conditions of relocation and the new custody conditions. But this agreement must be: we cannot always plan everything that life throws at us. Sometimes events will push us to move unexpectedly without much announcement. Moving becomes even more complicated if you have an education plan following a divorce or paternity action. Depending on the specifics of your move, court consent may be required. If the court`s approval is required, you may need to file an application to relocate to Florida. A child care lawyer in Tampa can assist in filing the petition if necessary. Sarasota Courts, and all Florida courts in this case require that if a custodial parent wants to move a child or children more than 50 miles from the primary residence at the time of entry to the last custody, the parent must send a letter of intent to move to anyone entitled to a visit. A declaration of intent on offshoring is a document with specific disclosure obligations, which must be signed under oath in the event of perjury. Please note that the Florida Relocation Statute mentions court decisions filed after or after the date of October 1, 2009 or in pending cases on October 1, 2009 or after October 1, 2009. Make no mistake, however: although the Florida Restructuring Statute does not necessarily apply to the relocation of underage children by court order before October 1, 2009, removal of a child, when a court order speaks of visitation and custody, without first requesting a change in order by the court system, may trigger an application for a change of custody and/or a request for contempt of the other parent.