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
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