What is the Florida relocation statute?

Florida Statute 61.13001 specifically addresses the issue of relocation. This statute prevents a residential parent from relocating their residence more than 50 miles unless the parties enter into a written agreement before the move or a court approves the relocation.

How far away can a divorced parent move in Florida?

You only need permission to move if you are going more than 50 miles from the place you were residing at the time your existing time-sharing order took effect. Furthermore, the move must be for more than 60 consecutive days.

Can I move with my child without father’s permission Florida?

Relocation by Agreement in Florida This requires a written agreement signed by all parties who have a right of time-sharing with the child. This agreement should describe the time-sharing after the move and address any transportation issues necessary for carrying out the new time-sharing schedule.

How far can a custodial parent move in Florida?

What You Need to Know About Relocation and Child Custody in Florida. Divorce and child custody in Florida can be a somewhat tricky procedure. A parent with custody in the Sunshine State who wants to move a child more than 50 miles away for more than 60 days must inform the other parent by law AND obtain consent.

How far apart can parents live and still have 50/50 custody Florida?

In Florida, parents are considered sharing long-distance custody when they are 50 miles apart or more. It does not matter if the distance is within the state or if one parent is out-of-state.

How long does a relocation case take in Florida?

The parent trying to relocate has the burden of proving that the move is in the child’s best interest. The court will schedule either a hearing within 30 days of the motion being filed, or a trial within 90 days of the filed motion.

How long does a child relocation case take?

There is no standard time frame and it can take between 6 to 12 months to achieve a final order. In most cases, it will take around six to eight weeks from when you first apply for the preliminary court hearing (step 4 above) to take place.

Can a mother move a child away from the father?

Therefore, a mother may be able to take her children away if the father never married her or wasn’t on the birth certificate. However, the father could apply for a court order to prevent her from moving the children away.

At what age can a child refuse to see a parent in Florida?

Given the focus on co-parenting, you may be wondering: how old does a child have to be to refuse visitation in Florida? In short, a child under the age of 18 cannot entirely refuse visitation in most circumstances, but the court can consider the child’s preference in determining a time-sharing arrangement.

Can a father stop a mother from moving Florida?

Can the father prevent my relocation? Yes, under Florida Statute 61.13001, approval from the other parent or the court may be required before relocating with a child. If a parent objects to the relocation, the judge will decide the case based on the best interests of the child.

Is Florida a mother’s right state?

In the case of unwed parents, Florida law designates the mother as the natural custodian of a minor child. The mother therefore has sole legal rights over the child until paternity is established.

Is Florida a 50/50 child custody state?

Florida is a 50/50 custody state, meaning both parents share custody of a child and have equal parenting time. However, no Florida law mandates that parents must have 50/50 custody.

What happens if the non-custodial parent moves and doesn’t notify courts in Florida?

If the noncustodial parent fails to respond to the petition, the judge will presume the move is in the child’s best interests and will allow it, absent good cause to do otherwise. If the noncustodial parent responds, the court will hold a hearing or trial to decide the issue.

What are fathers rights in Florida?

In Florida an unmarried father has no legal rights to custody or timesharing until paternity is established. Until paternity is legally established with the courts, the mother has sole, legal and physical custody of the child or children.

How do I get full custody of my child in Florida?

How do I get full custody? Florida law does not give any preference to mothers or fathers when deciding child custody matters. Instead, the judge’s primary focus will be to find what is in the best interest of the child. Therefore, you will need to prove it is in your child’s best interest for you to have full custody.

How close should divorced parents live?

Rule of thumb is parents need to live within 20 miles of each other. Generally in cases involving parents that live more than 20 miles apart there’s usually a primary physical custodial parent because more than 20 miles just becomes too difficult to have the children going between two homes 50 percent of the time.

What age can you choose which parent to live with in Florida?

In Florida, the age a child can choose a parent to live with will depend on the child’s overall maturity. Unlike other states, in Florida, there is no particular age when courts must consider a child’s preference. Instead, a judge will decide whether: the child is intelligent enough to make a choice.

What is the percentage for child support in Florida?

Florida. If monthly income exceeds $10,000, child support is calculated by multiplying the amount of income over $10,000 by a percentage based on the number of children. For this, one child is 5%, two is 7.5%, three is 9.5%, four is 11%, five is 12%, and six is 12.5%.

How do you win a child support modification case?

  1. 1 Take advantage of the rights you already have.
  2. 2 Reach out to your ex-partner if you think they’ll be amicable.
  3. 3 Solicit free legal help if you can’t hire an attorney.
  4. 4 Do it on your own only if you can’t get help.
  5. 5 Determine what has changed to justify a modification.

What is the standard child visitation in Florida?

The second and fourth weekend of each month. The non-custodial parent has the kids every other weekend for the full weekend. The visitation begins from 6 pm on Friday until 6 pm on Sunday. The visitation weekend could also extend to holidays that fall on Friday or Monday if agreed upon by both parties.

Can an unmarried mother move out of state with child Florida?

A: In Florida the unmarried mother of a child has all the rights until a court order Petition of Paternity is entered establishing rights for the father. If no such order has been entered, the mother is free to leave and relocate.

What reasons would a Judge change residence order?

Long-term harm caused to the child by being denied a proper relationship with both parents. Short-term objections of the child, considering their views may be tainted by the influence of the obstructive parent and the conflict between the parents.

How long does it take for a relocation order?

This could take up to 16 weeks to prepare and the purpose of the report is to recommend to the Judge a child arrangements order Cafcass consider to be appropriate in that case.

Can father stop child moving schools?

A parent cannot unilaterally change their child’s school without the consent of anyone else who holds Parental Responsibility (usually the child’s other parent). Any such unilateral change is not only damaging for the child, but disregards the parental responsibility that the other parent holds.

How far can I move away from my kids dad?

Joint custody involves each parent sharing significant periods of time with their children to ensure they get frequent and continuing contact with both. If one parent moves any farther than 50 miles, the logistics of their original custody order begin to break down.

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