You know the dream job that you applied for in that awesome city with incredible benefits? Would you want to turn that down? Probably not! While Pensacola is a great place to live and raise a family, we understand that sometimes life takes you to new places or offers opportunities elsewhere! Now, let’s imagine having to tell your ex-spouse about this amazing opportunity to move to a new place and the benefits it will have for your child. While you are excited, they are not the slightest bit amused. More so, they are adamant that you won’t take your child to this new place. Where do you go from here?
Florida Statute 61.13001
As you’re considering this conversation with your ex-spouse, you may think of Section 61.13001 of the Florida Statute. This section defines relocation as “a change in the location or principal residence of a parent or other person from his or her original 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.”
Florida and Laws on Child Relocation
There is no presumption in Florida that is in favor or against a request to relocate with a child when a parent who has time sharing seeks to move more than 50 miles. You will have the opportunity to petition for relocation with the court and the judge will either grant or deny your request. It will be your job to show the judge that this relocation is in the child’s best interest and not just your own. It will also be your ex-spouse’s job to show (if they don’t agree) that the relocation is not in the best interest of the child. The most common reasons for relocation include a change in careers, job transfers, and educational opportunities.
The main concern regarding relocation should be whether or not it will benefit your child. If you have been presented with an opportunity that won’t just benefit you but is the right choice for your child, you should contact an experienced attorney to see the best route to take.
Stephen T. Holman, Senior Partner, and Justin T. Holman, Partner, are committed to providing the best legal service in Pensacola, Destin, Pace and Cantonment, FL in a variety of legal areas including Family Law and Personal Injury. We specialize in Fathers’ Rights and will be there every step of the way to fight for your rights. Our office is located at 1940 W. Saint Mary Avenue, Pensacola, FL 32501. Contact us now for a free consultation at 850-435-6909 or go online at www.HolmanFirm.com.