Relocation After Divorce; Parental relocation with a child by Agreement.

racine-family-law-300x199So, you have discussed with the other parent that you want to relocate with your child and to your surprise they are in agreement with your move.  What do you do next?  Do you move.  Will the Court accept your verbal agreement? 

You must put your agreement in writing and there are specific statutory terms you must include in your agreement and you must file the agreement with the Court to satisfy the relocation statute, even if you are in agreement.  WARNING: failure to put your agreement in writing and file with the Court can have serious consequences, if later the other parent decides to file for contempt and request return of the child(ren).

61.130001(a) If the parents and every other person entitled to access to or time-sharing with the child agree to the relocation of the child, they may satisfy the requirements of this section by signing a written agreement that: 1) Reflects consent to the relocation; 2) Defines an access or time-sharing schedule for the non-relocating parent and any other persons who are entitled to access or time-sharing; and 3) Describes, if necessary, any transportation arrangements related to access or time-sharing. (b) you may also need to request a Court to ratify said agreement (this can be done with or without a hearing).

DEFINITIONS

(a) “Child” means any person who is under the jurisdiction of a state court pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act or is the subject of any order granting to a parent or other person any right to time-sharing, residential care, kinship, or custody, as provided under state law.

(b) “Court” means the circuit court in an original proceeding which has proper venue and jurisdiction in accordance with the Uniform Child Custody Jurisdiction and Enforcement Act, the circuit court in the county in which either parent and the child reside, or the circuit court in which the original action was adjudicated.

(c) “Other person” means an individual who is not the parent, but with whom the child resides pursuant to court order, or who has the right of access to, time-sharing with, or visitation with the child.

(d) “Parent” means any person so named by court order or express written agreement who is subject to court enforcement or a person reflected as a parent on a birth certificate and who is entitled to access to or time-sharing with the child.

(e) “Relocation” means a change in the location of the principal residence of a parent or other person from his or her principal place of residence at the time of the last order establishing or modifying time-sharing, or at the time of filing the pending action to establish or modify time-sharing. The change of location must be at least 50 miles from that residence, and for at least 60 consecutive days not including a temporary absence from the principal residence for purposes of vacation, education, or the provision of health care for the child.