Following Florida laws concerning relocation with your child

On Behalf of | Feb 18, 2023 | Blog, Child Custody |

Perhaps a promotion at work requires you to move from Naples to Savannah, but the out-of-state move will take some thoughtful planning.

As the custodial parent, you intend to take your young daughter with you to Georgia, but Florida law requires relocation either by agreement or by petition.

Approval requirement

In the matter of relocation involving a child, the state of Florida requires approval from either the co-parent or the court for a move that is more than 50 miles away. The court will consider several factors, including the reason for relocation, the effect such a move might have on the relationship between the child and the non-relocating parent and how the child will react to a new living situation.

Agreement option

Your daughter can relocate with you to Georgia if you and the other parent sign a written agreement to this effect. You will not need a custody order. However, the agreement will only become effective when you submit it to the court. In addition to confirming joint consent for the relocation, the agreement must describe a time-sharing schedule and transportation arrangements that will enable your daughter to visit with the non-relocating parent.

Petition for relocation

If there is no agreement, you must file a petition with the court requesting the relocation of your daughter. The court will then serve the petition on the other parent or anyone who shares time with the child. The petition must include the physical address of your new Savannah residence, your new home phone number, the proposed moving date, details about the reason for relocating and your plans for post-relocation transportation arrangements. The more information you can provide, the better your chances of winning the approval of the court.

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