Couple
SOUTH FLORIDA FAMILY LAW ATTORNEY PROVIDING KNOWLEDGEABLE AND STRATEGIC GUIDANCE Contact Us

Relocation Laws

RelocationThe Changing Relocation Laws in the State of Florida

Following the Florida Legislature’s passing of Florida Statute 61.13001, the Relocation Laws in the State of Florida have been modified. For the past twenty years, there has been a trend in the state of Florida which liberally allowed custodial parent to relocate based upon a showing that it was in the minor child’s best interests. The laws gradually changed and were made more and more complicated and based upon the Florida Legislature’s decision to eliminate the designation of Custody and establish Timesharing and Parenting Plans in all cases, the courts have now made it extremely difficult for a parent to relocate with their children.

At this time, the Florida Statute has to be strictly construed and it allows for a Relocation of a Notice of Intent to Relocate is served upon the other parent and they fail to respond. In that instance their failure to file a response results in a default or a consent to relocation.

The petition to relocate has to be very specific. In fact, the petition must include a date of the intended relocation, a Proposed Alternate Relocation Timesharing Schedule and specificity regarding the transportation costs from the new destination and the other parent’s residence.

The new Statute requires that the Statute should be followed in all cases in which the parent desires to relocate in excess of 45 miles from their previous residence.

In the event the Statute is followed, and the responding parent objects to a relocation it is necessary for that parent to serve the written responses upon the parent attempting to relocate. If they fail to serve the responses as required by the Statute, then a consent to the relocation may still be entered.

If both parties strictly comply with Florida Statute 61.13001, then the matter is scheduled for a hearing and a trial conducted to determine whether or not the Relocation should be entered.

Based upon the latest trends, it appears that many Judges have been moving away form allowing relocations. However, if a case is properly prepared and the Statue is followed properly a relocation can be approved.

Client Reviews
★★★★★
If you ever need a compassionate, hardworking attorney who believes in doing the right thing for families going through a divorce, but being fair and honest, go with Mr Kaplan, Esq. He is one attorney has always been patient, up front and defending your rights with integrity. Can’t ask for any better, especially one who works so hard as Mr.Kaplan!!! Thank you for taking care of our Service members and Veterans like me!!
★★★★★
I would like to recommend my attorney's, Mr. Kenneth Kaplan, excellent services to anyone looking to represented for a child support or divorce matter. He can definitely be counted on. Very trustworthy and knowledgeable. He finds solutions to problems that seem can't be solved. Ileana
★★★★★
9/1/17 was one of the best days of my life! Mr. Kenneth Kaplan did an awesome job on my case.I would recommend him to anyone who needs a family law attorney. He's always there when I had a question, concern or needed reassurance. I was able to call, email or text him and he promptly responded. I told him my financial situation and he still worked with me. He cares more about his clients than the money. Evelyn, Nancy & Virginia, his assistants were awesome. I'm extremely satisfied with his professionalism and knowledge to help me get what I wanted for this case. Anonymous