UNDERSTANDING PARENT RELOCATION
Parental relocations are addressed in Section 61.13001 (3), Florida Statutes. A Petition to Relocate prior to relocating is required in order for a parent to relocate. A prior Order authorizing relocation is required by Statute. A Petition to Relocate filed after relocating renders a late filed Petition to Relocate legally insufficient.
Where a parent relocates without obtaining a prior Order subjects the Party to contempt of Court wherein such contempt may be considered by the Court as a factor in making a determination regarding relocation, a factor in determining whether timesharing should be modified, as well as a factor in awarding attorney fees. Evaluation elements for relocation are set forth in Section 61.13001 (7), Florida Statutes.
The Statute requiring a relocation Petition applies to both timesharing parents, even if the parent seeking relocation is not the primary residential parent.
CONSULT WITH A FAMILY LAW ATTORNEY
Our office is happy to meet with you for a free consultation to help you determine how to move forward. We understand that each case is different with its own unique circumstances. Stan Peeler has extensive experience litigating family law matters of every type and is versed in the various circumstances a case may have.
Contact our firm today to schedule a free consultation with us. We welcome you to call us at 850-432-7705 or complete our online form here by providing us with the details of your legal needs.