Paul J. Phipps, Esquire
Paternity - Relocation with Child(ren)
Updated: Mar 24, 2020
If no Court Order establishing paternity and time-sharing has been entered, and no paternity action has been filed, the Mother may relocate with the minor child(ren) without providing the Father notice and without the Father's permission. Once the Mother relocates and has established a new residence, there is a strong argument that any paternity action must be pursued in the jurisdiction within which the Mother and child(ren) reside.
To comply with Florida Law the parent who desires to relocate with child(ren) must either obtain written agreement of the other parent OR must seek permission to relocate by filing a Petition to Relocate with the appropriate Court. Florida Law requires that a Petition To Relocate include specific information and specific wording. If the Petition To Relocate does not comply with the specific legal requirements it will likely be denied.
Florida Statute 61.13001 defines "relocation" as a change in a parent's principal place of residence of at least 60 consecutive days and at least 50 miles from the parent's principal place of residence at the time the last Court Order establishing or modifying time-sharing was entered.
The parent objecting to a Petition to Relocate must file an appropriate objection timely. Failure to file a written objection that complies with Florida Law including but not limited to filing the written objection within a specific time frame, may result in the Petition to Relocate being granted.
After all the proper pleadings are filed and served, the Court will hold a hearing to determine whether or not to grant or deny the Petition to Relocate. During the hearing the Court will receive and review evidence presented during the hearing and will analyze and apply the factors listed in Florida Statute 61.13001(7).
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