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© 2009 Arlene C. Richman, Esq.
http://www.collaborativelawflorida.com/Articles/Post-Divorce-Relocation-and-Collaborative-Law.html

Relocation with Child and Collaborative Law
by Arlene C. Richman, Esq.

In order for one parent to relocate with a child of the parties, subject to the jurisdiction of a Florida court, the parent must meet several criteria, depending on whether the relocation is agreed to by the parties, or in dispute.

For purposes of collaborative law, it is assumed that each party has met with each other, and their collaborative attorneys and discussed all aspects of relocation, included the costs and change of time-sharing and the benefits and detriments of relocation. Therefore, in a collaborative case, the parties have discussed and entered into an agreement for relocation.

Macci and Kates Florida family Law Appeals -- all Florida courts

The Florida statutes have provided for relocation by agreement [1] by stating:

RELOCATION BY AGREEMENT.--

(a) If the parents and every other person entitled to access to or time-sharing with the child agree to the relocation of the child, they may satisfy the requirements of this section by signing a written agreement that:

1. Reflects consent to the relocation;

2. Defines an access or time-sharing schedule for the nonrelocating parent and any other persons who are entitled to access or time-sharing; and

3. Describes, if necessary, any transportation arrangements related to access or time-sharing.

(b) If there is an existing cause of action, judgment, or decree of record pertaining to the child's residence or a time-sharing schedule, the parties shall seek ratification of the agreement by court order without the necessity of an evidentiary hearing unless a hearing is requested, in writing, by one or more of the parties to the agreement within 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 ratify the agreement without an evidentiary hearing.

[1] §61.13001 (2) Fla. Stat. (2009) RETURN TO TEXT

Arlene Richman is an attorney practicing collaborative law and family law in South Florida (including Broward County, Miami, Fort Lauderdale, Hollywood) since 1987. She is a certified family law mediator.

Information on this website should not be taken as legal advice. Laws change, situations differ, and there may be exceptions to general rules. Except as otherwise may be provided, this website and contents are © 2009 Collaborative Lawyers, Inc. Collaborative Lawyers, Inc., is a state-wide educational and professional development association and business directory of independent Florida licensed attorneys at law and law firms who practice in the areas of collaborative divorce and collaborative family law. It is not a law firm or attorney referral organization.