Objecting to a Move - 3 Important Points

Florida’s child relocation law has requirements for parents who want to move their child more than 50 miles away. If you have received a Notice of Intent to Relocate for your child, you need to take action if you object to the planned move.

If you don’t object within 30 days, the judge will ratify the plan contained in the Notice of Intent to Relocate, including the new visitation and transportation arrangements and child support. With a relocation, child support can be changed and can consider the increased transportation costs.

The three most important points about objections are:

1. It objection must be served on the custodial parent within 30 days after you receive the Notice of Intent to Relocate. Send the original. Although regular mail is acceptable, at a minimum you should request the delivery confirmation service. If you cannot prove your objection was delivered, the judge may sign an order ratifying the intended relocation and you will have to spend time and money trying to unravel the whole mess.
2. Your objection must have specific facts about your reasons for objecting, including a statement of the amount you participate currently, or have participated, in your child’s life. You want to describe all your visitation and activities fully. Since the law requires “meaningful” contact with both parents, you’ll want to describe how the proposal lessens the quality of your contact with the child.
3. The objection must be notarized or signed under penalty of perjury.

If you fail to object on time, it will be presumed the move is in the best interest of the child, and it will be allowed, unless there is “good cause.” The judge will sign an order, with a copy of the Notice of Intent to Relocate attached. The order will say it is entered as a result of the failure to object, and adopt the visitation schedule and transportation arrangements in the Notice.

If you object on time, the parent who want to move has to file a motion for permission to move before they can move.