Relocation

Relocation of a minor child is guided by Florida Statue 61.13001. As defined by that statute a “Relocation” means a change in the location of the principal residence of a parent or other person from his or her principal place of residence at the time of the last order establishing or modifying time-sharing, or at the time of filing the pending action to establish or modify time-sharing. The change of location must be at least 50 miles from that residence, and for at least 60 consecutive days not including a temporary absence from the principal residence for purposes of vacation, education, or the provision of health care for the child.

This is very important as related to the establishment of Paternity. As you can see there is nothing holding a Mother of a child in place if there has not been an order establishing or modifying time-sharing or there is no pending action to establish or modify time-sharing. However if the Father has sough relief to establish time-sharing the child may not be moved more then 50 miles from his or her address.

According to the statute, the court may grant a temporary order restraining the relocation of a child, order the return of the child, if a relocation has previously taken place, or order other appropriate remedial relief, if the court finds:
     1. That the petition to relocate does not comply with the statue;
     2. That the child has been relocated without a written agreement of the parties or without court approval; or
     3. From an examination of the evidence presented at the preliminary hearing that there is a likelihood that upon final hearing the court will not approve the relocation of the child.

Relocation can be a complex issue if not done properly, always consult an attorney before you pack your bags.




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Michael J. Costantino, Esq.
Attorney at Law