22 Nov Relocation of a Minor Child Outside of the State of Florida

Relocation of a minor child outside of the State of Florida is controlled by Florida statute 61.13001. Essentially, the Statute requires parents seeking to relocate outside of Florida (or more than 50 miles from the child’s current residence) to first file and serve upon the other parent a Notice of Intent to Relocate to include a specific proposal for such relocation.

Contact Attorney Bradley Sherman and learn how Florida’s Relocation Statute applies to your case, and how it is applied differently depending on whether the relocating parent is married to the other parent, or whether the relocating parent and child have resided in the State of Florida for less than six months.

Unwed fathers seeking to force the mother of their children to return home with the children are often disappointed in their attempts to seek relief under Florida’s Relocation Statute because it is difficult for unwed fathers to enforce the statute if they haven’t already established the parental rights. Married fathers have no problem obtaining relief pursuant to Florida’s Relocation Statute. In short, when it comes to parental rights Florida strongly favors fathers who are legally married to the mother of their children.

If you’re an unwed father seeking to have your children returned to you, be sure to have an experienced family attorney explain how Florida Law will make it harder for you to do so.  See Essex v Davis, 116 So3d 445, 448 (Fla. 4th DCA 2012); citing A.F. v R.P.B., 100 So3d 71 (Fla. 2nd DCA 2011).  In short, this is Florida case law that says the Court cannot use its contempt powers to force a mother to return to the original, existing jurisdiction. Attorney Bradley Sherman has dealt with this issue, and will share with you how to avoid this problem or make it work to your benefit.

While Bradley Sherman believes the Florida Law is fair to both genders, it is difficult to ignore how the relocation laws in Florida provide Mother with an edge. Bradley Sherman is ready to help Mothers or Father avoid the worst scenario.

Home state jurisdiction is established after six months of uninterrupted domicile within the State of Florida, and without home state jurisdiction the Relocation Statute will not apply.

There are many other aspects of Florida’s Relocation Statute, and Mr. Sherman is ready to use his fifteen years of Family Law experience to your benefit.