Florida’s relocation statute and proposed changes

A couple of years ago, Florida lawmakers modified the relocation statute to include a rather strict set of requirements for a primary residential parent seeking to leave the state, or the geographical area, with the minor children. Currently, only the primary parent needs to take these steps prior to relocating. But, if a non-residential parent leaves the state, or moves more than 50 miles away, chances are good that the time sharing schedule with the children will change. This is often the subject of much after the fact litigation as the non residential parent moves and then seeks to modify or enforce visits with the children. A proposed change in the law may affect the non residential parent who doesn’t take steps to address the timesharing schedule before moving.

The proposed new law will require the non-residential parent to file a Notice of Relocation similar to the one a primary parent is now required to file. The notice will have to include a proposed time sharing schedule. If the parents cannot reach an agreement, the Court will hold a hearing and set a time sharing schedule which takes into account the travel distance between the child or children and the relocating non-residential parent. The Court may also address the issue of who will be responsible for travel expenses and whether the non-residential parent should receive an offset against child support for these expenses.

There is also a provision addressing the situation where the parent who moves away spends less time with the children. In such cases, child support may be modified upward to take into account the increased expenses borne by the residential parent.

It is too soon to say what provisions will be included, or whether the law will change at all. However, given the new timesharing statute and the trend towards more parents spending equal time with their children, it is clear that the state lawmakers need to set rules in place for situations where either parent moves away, especially since there is no longer a primary residential parent designation.