Legal Question in Family Law in Florida

My wife and I were married but currently live apart. Our options for living together are me getting a job and moving from Mississippi to Central Florida or her and her son moving from Central Florida to Mississippi. The first option is proving to be difficult and the second would be perfect since that would put her closer to her parents in Alabama. The problem we have is the child custody laws in Florida. I would like to know what are the laws concerning her custody of her son and moving too Mississippi if his father still lives in Central Florda. Does my step-son's father have any legal right to keep her from moving?


Asked on 4/30/10, 5:46 pm

1 Answer from Attorneys

David Labovitz Labovitz Law Firm, P.A.

You might take a look at the relocation provision of the statutes, 61.13001, part of which I have reproduced for you, as follows:

(3) PETITION TO RELOCATE.--Unless an agreement has been entered as described in subsection (2), a parent or other person seeking relocation must file a petition to relocate and serve it upon the other parent, and every other person entitled to access to or time-sharing with the child. The pleadings must be in accordance with this section:

(a) The petition to relocate must be signed under oath or affirmation under penalty of perjury and include:

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. If one of the reasons is based upon a job offer that has been reduced to writing, the written job offer must be attached to the petition.

6. A proposal for the revised postrelocation schedule for access and time-sharing together with a proposal for the postrelocation transportation arrangements necessary to effectuate time-sharing with the child. Absent the existence of a current, valid order abating, terminating, or restricting access or time-sharing or other good cause predating the petition, failure to comply with this provision renders the petition to relocate legally insufficient.

7. Substantially the following statement, in all capital letters and in the same size type, or larger, as the type in the remainder of the petition:

A RESPONSE TO THE PETITION OBJECTING TO RELOCATION MUST BE MADE IN WRITING, FILED WITH THE COURT, AND SERVED ON THE PARENT OR OTHER PERSON SEEKING TO RELOCATE WITHIN 20 DAYS AFTER SERVICE OF THIS PETITION TO RELOCATE. IF YOU FAIL TO TIMELY OBJECT TO THE RELOCATION, THE RELOCATION WILL BE ALLOWED, UNLESS IT IS NOT IN THE BEST INTERESTS OF THE CHILD, WITHOUT FURTHER NOTICE AND WITHOUT A HEARING.

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Answered on 5/06/10, 4:52 am


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