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Parental Relocation by Agreement

When parents or guardians entitled to access to visitation or timesharing with minor children are in agreement about the relocation of a child to another residence, they may get a relocation agreement put into place.

Florida Statute 61.13001 specifically addresses the issue of relocation and prevents a residential parent from relocating more than 50 miles away from the primary location, unless the parties enter into a written agreement before the move or a court approves the relocation.

A parental relocation agreement must show consent to the relocation and define an access or time-sharing schedule for the non-relocating parent and any other persons who are entitled to access or time-sharing. The agreement must also describe any transportation arrangements related to access or time-sharing if necessary.

If there is an existing cause of action, judgment, or agreement pertaining to the child’s residence or a time-sharing schedule, both parties must seek to change the agreement by court order. The parental agreement is subject to change without an evidentiary hearing unless one is requested, in writing, by one or more of the parties to the agreement within ten (10) days after the date the agreement is filed with the court.

If a hearing is not timely requested, it shall be presumed that the relocation is in the best interest of the child and the court may change the agreement without an evidentiary hearing.

West Palm Beach Parental Agreement Attorney

If you are a parent seeking a relocation agreement in West Palm Beach, Florida or surrounding areas it is important that you speak with our knowledgeable attorneys as soon as possible.

At Quality Family Law, our attorneys realize the importance of family and take a collaborative approach with each and every client to reach a positive resolution. We will also provide comprehensive explanations of your legal options so that you can be fully informed of the parental agreement process.

For your convenience, we have an office located in West Palm Beach, Florida. We serve clients in the West Palm Beach, North Palm Beach, Boca Raton, Jupiter, Wellington, Delray Beach, Lake Worth, Palm Springs, and Boynton Beach, Florida areas.

Call Quality Family Law at (561) 557-8686 for a confidential consultation.

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Parental Relocation Agreements in West Palm Beach, FL

An agreement for relocation or a petition to relocate is required in the following situations:

• a parent plans to relocate a child’s residence more than 50 miles from the child’s principal residence at the time of the last order which established or modified either a parenting plan or time-sharing schedule, or at the time of filing the pending action;
• the court has not already entered an order granting permission to relocate;
• the relocation will be for a period of 60 consecutive days or more, not including any absence for purposes of vacation, education, or health care for the child;
• if the visitation or time-sharing schedule will change due to the relocation, a parenting plan with a time-sharing schedule must be included with the agreement, regardless of if there is an agreement in place, the court has the ability to modify issues relating to the minor children; or
• an order of final judgment defining custody, primary residence, the parenting plan, or time-sharing was entered before October 1, 2009, and the order does not expressly govern the relocation of the child; or was entered on or before October 1, 2009, or your case was pending on October 1, 2009.

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Parental Relocation Applicability

Section 61.13001 of the Florida Civil Practice and Procedure Statute applies to the following:

• orders that were entered before October 1, 2009, if the existing order defining custody, primary residence, time-sharing, access to or with the child, and the parenting plan does not govern the relocation of the child;
• temporary or permanent orders that discuss parenting plans, custody, primary residence, time-sharing, or access to the child entered on or after October 1, 2009; and
•  any relocation or proposed relocation, whether permanent or temporary, of a child during any proceeding pending on October 1, 2009, wherein the parenting plan, custody, primary residence, time sharing, or access to the child is an issue.

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Additional Resources

Section: 61.13001- Visit the website of the Florida Legislature to see the laws that govern parental relocation with a child, petitions to relocate, temporary orders restraining the relocation of a child and many others.

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Find an attorney for Parental Agreement in Palm Beach County, Florida

The relocation of a child is typically an issue that is addressed either in an initial custody action or after an initial custody order has been established. Regardless of the reason, if you are a parent seeking relocation with your child you should speak with the attorneys of Quality Family Law.

Parents may find themselves needing to relocate outside of a child’s original residence area due to better neighborhoods, employment opportunities, financial reasons, and many others.

Call Quality Family Law at (561) 557-8686 to set up a no obligations consultation.

This page was last updated on April 24, 2017