Relocation of Divorced Parents Governed by New Florida Law

Effective October 1, 2006, the State of Florida has enacted a new law potentially affecting every parent that has experienced a divorce. The law presents restrictions on those that have primary custody of their minor children and that have plans of moving to another area with their children.

(PRWEB) August 15, 2006 -- Effective October 1, 2006, the State of Florida has enacted a new law potentially affecting every parent that has experienced a divorce. The law presents restrictions on those that have primary custody of their minor children and that have plans of moving to another area with their children.

Prior to this new law, relocation with children was governed by previous agreement of the parents or prior order of the court. If no agreement was contained in the divorce decree, a court could later consider a list of factors defined by statute and allow or disallow the move. A common problem is that many parents move without permission of the other parent. The non-custodial parent then faces difficulty in maintaining a relationship with children. If the non-custodial parent does not file a lawsuit immediately, the situation becomes difficult if not impossible to reverse in the future. Many judges are reluctant to order the relocating parent back if the divorce decree did not contain restrictions on relocation.

The new law on relocation radically changes the procedure for relocation and creates a fair process for notifying the non-custodial parent. Beginning October 1 2006, a parent that desires to relocate with children must send a document to the non-custodial parent giving notice. The document is called a Notice of Intent to Relocate and must be served on the other parent prior to relocation. The person that received the notice has 30 days to object to relocation. If an objection is made, relocation is prohibited until permission is received from a court.

The Notice of Intent to Relocate must contain the following information:

1.   A description of the location of the intended new residence, including the state, city, and specific physical address, if known.

2.   The mailing address of the intended new residence, if not the same as the physical address, if known.

3.   The home telephone number of the intended new residence, if known.

4.   The date of the intended move or proposed relocation.

5.   A detailed statement of the specific reasons for the proposed relocation of the child. If one of the reasons is based upon a job offer which has been reduced to writing, that written job offer must be attached to the Notice of Intent to Relocate.

6.   A proposal for the revised postrelocation schedule of visitation together with a proposal for the postrelocation transportation arrangements necessary to effectuate visitation with the child.

If the other spouse objects to the intent to relocate, a court hearing must be held to determine if the move is in the best interests of the children. The consideration of “best interests” is largely based on common sense factors. The most important part of this new law is the requirement of notice to the non-custodial parent. Adequate notice allows time to object and also to make a rational decision based on full information. The new law will go a long way toward making relocation of children a fair process, both for the parents and for the children.

Divorce Attorney Howard Iken is managing partner of The Divorce Center, located in the Tampa Florida area. His mission, to run a law practice that empowers clients by educating them on Florida divorce law. Knowledge allows clients to make better decisions. Divorce Attorney Howard Iken can be reached at 888-469-3839. More information can be found at http://www.18884mydivorce.com

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