Under Florida Statute 61.13001, any parent (who has a parenting plan/timesharing in place per a court order) must notify the other parent if he/she intends to move more than 50 miles from where he/she lived at the time the last order regarding timesharing was entered. If the non-moving parent agrees, then the statute describes the details that must be included in a written agreement, that must be signed by both parents, and then submitted to the Court for ratification. Then the parent would be free to move.
If the non-moving parent does not agree, however, then the parent who intends to move must file a Petition for Relocation typically before moving. A portion of the section states:
(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 requirements of the section follow in the statute, which can be found at :
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.13001.html.
It appears that you have already relocated, and you would benefit from consulting with an attorney. Otherwise, in the absence of filing a proper petition, the Court can order you to return with the child, or order that the other parent have the majority of timesharing with the child.
Best of luck,
Cindy S. Vova
Law Offices of Cindy S. Vova, P.A.
Plantation/Boca Raton
954-316-3496/561-962-2785
info@vovalaw.com
Cindy S. Vova
Law Office of Cindy S. Vova, P.A.
Plantation/Boca Raton
954-316-3496/561-962-2785
info@vovalaw.com
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