Prior to litigation ensuring, the parties have greater flexibility with relocating. However, should a party relocate out of the State of Florida with a child or children prior to litigation being started and the non-relocating spouse seeks relief in a Florida court, the Florida court will have jurisdiction over the parties and the child or children unless the child or children have been out of the State of Florida for more than six months prior to any petition being filed with the court. This is a result of the Uniform Child Custody Jurisdiction and Enforcement Act which provides that a child’s home state is the state in which a child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of custody proceedings.
Relocation, once a marital settlement and/or final judgment is entered, is typically a difficult task. Unless the parties have agreed otherwise, a party cannot relocate a child or children more than fifty miles from the address were they were living at the time of the final judgment. In order to relocate more than fifty miles with their child or children the relocating party must obtain a court order or written approval from the non-relocating parent. Whether the non-relocating parent consents or not, the relocation statute provides very complex and detailed steps that must be taken by the relocating spouse. Failure to follow any of these requirements can be particularly fatal to any request for relocation.
For an evaluation of your ability to relocate with a child or children, please call the attorneys at Cortes Hodz, P.A.