A Summary of Florida Custody Laws
For the most part, Florida laws regarding child custody are set forth in Chapters 61 (Dissolution of Marriage and Support) and 751 (Uniform Child Custody Jurisdiction and Enforcement Act) of the Florida Statutes. Specifically, the statutory framework provides that parents may come to an agreement regarding custody and any other matters regarding the children. If the parties cannot agree, then the Court will make the decisions for the parents.
Keeping in mind that Florida Statutes §61.046(14) defines "minor child" or "child" as a child under the age of 18, "custody" as a court-ordered right as to physical custody or legal custody of the child, "shared parental responsibility" as a court-ordered relationship between the parents where they share the rights and responsibilities for the health, safety, and welfare of the child, "supervised shared parent responsibility" as a court-ordered relationship of the consent of the parents under which they shall have shared parental responsibility with the exception that one or both of the parents is required to have a third person present when making decisions regarding the minor child due to the significant potential for harm or abuse to the child, and "sole parental responsibility" as a court-ordered relationship where the major decision-making made by one parent, then the determination of custody will be according to various factors set forth in Florida Statues §61.13(3).
In an effort to help reduce the trauma placed on a child when his/her parents separate, Florida Courts generally favor shared parental responsibility over all custody arrangements. This is clearly done with Florida Statutes §61.13(2)(c) , which states "When creating or revising a parenting plan, there is no presumption for or against temporary or permanent relocation of a minor child by either parent."
This does not mean that parents have the right to move wherever they please with their children. Florida Statutes §61.13001 requires a parent seeking to relocate with a child, to provide notice to the non-relocating parent of the proposed relocation in a timely and conspicuous manner by certified mail with return receipt requested. After the receipt is confirmed, then the notice will be deemed to be received. The notice must include language that has been preapproved by statute stating that the non-relocating parent must file a petition within 20 days of the receipt of notice if he/she objects to the planned relocation. In other words, if you are not agreeable to the other parent moving out of the State with your child, you have 20 days to file your own petition and seek an injunction, restraining the relocating parent from removing the child from the State.
There are several factors that must be satisfied before a Court or Jury may grant or deny the requested relocation of a minor child in accordance with Florida Statutes §61.13001(4). The Court or Jury must consider all of the circumstances affecting the child, including, but not limited to, the following: Nothing in this section will preclude a parent from relocating without necessarily obtaining consent of the other parent provided that the other parent was not designated by the Court as a "person entitled to participate in decision-making."
The Legal Process for Moving with a Child
Florida court orders generally require the consent of both parents for a child to leave the state. But many parents don’t realize that consent is generally not enough. Even if a parent has the other parent’s consent to leave the state, they must also follow the law that requires a Notice of Intent. The Notice of Intent is a direct notification to the other party of the proposed move. But follow-up may be needed if a parent does not consent or even respond within 30 days.
But, the notice of intent has to be given more than "just because" a parent wants to move. The proposed move must be for a "good faith reason" such as work, marriage, military or educational purposes. Simply stating that the new location is better for the children is not enough. There must be specific reasons.
Generally, both parents must then agree to a modification of the parenting plan/routine and submit it to the Court. If both parents disagree on the move, one parent must file a petition to move out of state. In the petition the moving parent must provide sufficient evidence that the move is in the child’s best interest and that the parent opposing the move should be denied at biring their objections. If the court finds that the move is in the best interest of the child, then a new parenting plan would be required including a relocation schedule.
In regards to grandparents and out of state relocation, if the other parent questions the validity of the relocation, the grandparents rights law may be a solution.
Factors that the Court will Consider
The courts take a very close look at each parent’s legal and physical capabilities to determine who has the most capability to serve the child’s best interest. In situations pertaining to interstate relocation, the court considers whether the move will seriously affect the child’s relationship with the nonmoving parent in accordance with § 61.13001(7). The custodial parent must demonstrate a good faith reason for seeking to relocate his or her residence.
Under the statute, "a relevant statute" means any of the following:
In most cases involving interstate relocation under the above factors, these would have to be the actual credible Florida statutes. Nonrelevant statutes (as listed above) may have an effect on the decision of the court, but the courts will only use the relevant statutes in making their decision. The courts will analyze whether the move would impinge upon the child’s relationship with the nonmoving parent. There should be no "unilateral decision," which is considered interference with the nonmoving parent.
The best interests of the child prevail in moving out of state with the custodial parent. This means showing that the move would benefit the child in his or her education, health or welfare. These factors are all analyzed in determining the merits for moving interstate with a minor child. In short, the analysis of these factors will produce a fair and just resolution.
Penalties for Disobeying The Order
Failure to make the necessary arrangements could lead to penalties and enforcement actions against the parent who has moved, both in Florida and the new state where the parent is living. Dependent on the specifics of the case, custodial parents who fail to follow proper legal channels before relocating may be held in contempt of court, which can trigger fines, modifications of custody agreements, or the loss of some or all of their parental rights. In some cases, children may be returned to Florida so they can be raised by both parents. In more severe cases , parents who violate custody orders will face a Class B (1-5 year) felony charge when interstate interference in the custody of children is proved. A felony charge could lead to criminal records, imprisonment, and/or fines. If the new state recognizes the Florida judgment, there may be a special motion in the new state to impose the same penalties. In pursuance of the Uniform Child Custody Jurisdiction and Enforcement Act, a Florida final judgment awarding custody or visitation rights to a parent rendered in accordance with the law of another state will be enforced if: For more information about Florida laws on out-of-state relocations with children, it is best to meet with an experienced family law attorney in Tampa.
How to Modify your Custody Order
A parent wishing to relocate out of state, after already having been court-ordered to a parenting plan (time-sharing schedule) and responsibilities, is required to seek the court’s permission in order to do so. This parent will likely be doing so for a job transfer, remarriage, to be closer to family, or for some other kind of life change. The party seeking to move out of state with the child must comply with all of Florida’s relocation laws set out in Section 61.13001 of the Florida Statutes. The statute requires that the parent provide the other parent with thirty days’ notice before moving, with a proposed revised time-sharing schedule that accounts for the move. The statute sets forth the requirements for the notice and the procedure to achieve a modification of a previously existing timesharing plan.
Notice to the other party must include: In addition to a showing that the current timesharing plan be modified, the displaced parent must show that the move itself is in the child’s best interest. The best interests of the child is the standard that is applied to all matters affecting child custody, time-sharing, and decision-making. While job or family transfer may constitute legitimate reasons for relocation, courts will closely consider the effects that moving will have on the child. Below are some of the factors that Jacksonville child custody and divorce courts will evaluate when determining if an out of state move is in the child’s best interest:
Whether the move to out of state would be of the benefit for the parent seeking to relocate with the child Stability and continuity for the child Impact on the child’s education Impact on travel plans. Costs and distance involved with visitation The health risk-physical, mental and emotional Quality of life for the family If the child has special needs, whether the move benefits or harms the child’s ability to receive quality medical, therapeutic, and educational supports and services Availability of extended family Impact of the move on the child’s current relationship with the other parent Time compatibility between the child and the relocating parent’s schedule and location The moving parent’s motives for seeking relocation While there is no statutory definition of "good faith" with regard to relocation, there are numerous Florida cases that evaluate whether a request to relocate was made in good faith. Courts generally agree that if either the parent or the child in good faith sought to move, the request is favored. A parent that does so in bad faith, however, is not favored. Bad faith means that the parent hasn’t acted for the child’s benefit or that they are only motivated by a desire to get under the skin of the other parent. This often occurs when the relocating party seeks to make contact with the child more difficult for the other parent. The relocating parent cannot relocate until permission from the court to do so is approved. If permission to relocate is granted, the parent must submit a finalized parenting plan.
Where to Get Legal Help
When it comes to navigating the complexities of Florida custody laws, especially when considering a move out of state, it’s essential to seek legal advice from an experienced attorney. A family law attorney specializing in child custody cases can help you understand your rights and guide you through the legal process. In addition to hiring a lawyer, there are several other resources available to parents looking for more information about child custody and relocation . Legal aid services may provide assistance to low-income parents in understanding their rights and responsibilities under Florida law. Additionally, the Florida Bar Association may have resources or referrals to family law attorneys that can provide guidance in specific situations. Participating in local support groups or community organizations can also be helpful for parents going through custody disputes. These groups may provide emotional support, legal information, or referrals to other parents who have experienced similar issues.