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61.13001 Parental relocation with a child.--

(1)DEFINITIONS.--As used in this section, the term:

(a)"Change of residence address" means the relocation of a child to a principal residence more than 50 miles away from his or her principal place of residence at the time of the entry of the last order establishing or modifying the parenting plan or the time-sharing schedule or both for the minor child, unless the move places the principal residence of the minor child less than 50 miles from either parent.

(b)"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.

(c)"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.

(d)"Other person" means an individual who is not the parent and who, by court order, maintains the primary residence of a child or has visitation rights with a child.

(e)"Parent" means any person so named by court order or express written agreement that is subject to court enforcement or a person reflected as a parent on a birth certificate and in whose home a child maintains a residence.

(f)"Relocation" means a change in the principal residence of a child for a period of 60 consecutive days or more but does not include a temporary absence from the principal residence for purposes of vacation, education, or the provision of health care for the child.

(2)RELOCATION BY AGREEMENT.--

(a)If the parents and every other person entitled to 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 the consent to the relocation;

2.Defines a time-sharing schedule for the nonrelocating parent and any other persons who are entitled to time-sharing; and

3.Describes, if necessary, any transportation arrangements related to the visitation.

(b)If there is an existing cause of action, judgment, or decree of record pertaining to the child's residence or a time-sharing schedule, the parties shall seek ratification of the agreement by court order without the necessity of an evidentiary hearing unless a hearing is requested, in writing, by one or more of the parties to the agreement within 10 days after the date the agreement is filed with the court. If a hearing is not timely requested, it shall be presumed that the relocation is in the best interest of the child and the court may ratify the agreement without an evidentiary hearing.

(3)NOTICE OF INTENT TO RELOCATE WITH A CHILD.--Unless an agreement has been entered as described in subsection (2), a parent who is entitled to time-sharing with the child shall notify the other parent, and every other person entitled to time-sharing with the child, of a proposed relocation of the child's residence. The form of notice shall be according to this section:

(a)The parent seeking to relocate shall prepare a Notice of Intent to Relocate. The following information must be included with the Notice of Intent to Relocate and signed under oath under penalty of perjury:

1.A description of the location of the intended new residence, including the state, city, and specific physical address, if known.

2.The mailing address of the intended new residence, if not the same as the physical address, if known.

3.The home telephone number of the intended new residence, if known.

4.The date of the intended move or proposed relocation.

5.A detailed statement of the specific reasons for the proposed relocation of the child. If one of the reasons is based upon a job offer which has been reduced to writing, that written job offer must be attached to the Notice of Intent to Relocate.

6.A proposal for the revised postrelocation schedule of time-sharing together with a proposal for the postrelocation transportation arrangements necessary to effectuate time-sharing with the child. Absent the existence of a current, valid order abating, terminating, or restricting visitation or other good cause predating the Notice of Intent to Relocate, failure to comply with this provision renders the Notice of Intent to Relocate legally insufficient.

7.Substantially the following statement, in all capital letters and in the same size type, or larger, as the type in the remainder of the notice:


AN OBJECTION TO THE PROPOSED RELOCATION MUST BE MADE IN WRITING, FILED WITH THE COURT, AND SERVED ON THE PARENT OR OTHER PERSON SEEKING TO RELOCATE WITHIN 30 DAYS AFTER SERVICE OF THIS NOTICE OF INTENT TO RELOCATE. IF YOU FAIL TO TIMELY OBJECT TO THE RELOCATION, THE RELOCATION WILL BE ALLOWED, UNLESS IT IS NOT IN THE BEST INTERESTS OF THE CHILD, WITHOUT FURTHER NOTICE AND WITHOUT A HEARING.

8.The mailing address of the parent or other person seeking to relocate to which the objection filed under subsection (5) to the Notice of Intent to Relocate should be sent.

The contents of the Notice of Intent to Relocate are not privileged. For purposes of encouraging amicable resolution of the relocation issue, a copy of the Notice of Intent to Relocate shall initially not be filed with the court but instead served upon the nonrelocating parent, other person, and every other person entitled to time-sharing with the child, and the original thereof shall be maintained by the parent or other person seeking to relocate.

(b)The parent seeking to relocate shall also prepare a Certificate of Serving Notice of Intent to Relocate. The certificate shall certify the date that the Notice of Intent to Relocate was served on the other parent and on every other person entitled to time-sharing with the child.

(c)The Notice of Intent to Relocate, and the Certificate of Serving Notice of Intent to Relocate, shall be served on the other parent and on every other person entitled to time-sharing with the child. If there is a pending court action regarding the child, service of process may be according to court rule. Otherwise, service of process shall be according to chapters 48 and 49 or via certified mail, restricted delivery, return receipt requested.

(d)A person giving notice of a proposed relocation or change of residence address under this section has a continuing duty to provide current and updated information required by this section when that information becomes known.

(e)If the other parent and any other person entitled to time-sharing with the child fails to timely file an objection, it shall be presumed that the relocation is in the best interest of the child, the relocation shall be allowed, and the court shall, absent good cause, enter an order, attaching a copy of the Notice of Intent to Relocate, reflecting that the order is entered as a result of the failure to object to the Notice of Intent to Relocate, and adopting the time-sharing schedule and transportation arrangements contained in the Notice of Intent to Relocate. The order may issue in an expedited manner without the necessity of an evidentiary hearing. If an objection is timely filed, the burden returns to the parent or person seeking to relocate to initiate court proceedings to obtain court permission to relocate before doing so.

(f)The act of relocating the child after failure to comply with the notice of intent to relocate procedure described in this subsection subjects the party in violation thereof to contempt and other proceedings to compel the return of the child and may be taken into account by the court in any initial or postjudgment action seeking a determination or modification of the parenting plan or the time-sharing schedule, or both, as:

1.A factor in making a determination regarding the relocation of a child.

2.A factor in determining whether the parenting plan or the time-sharing schedule should be modified.

3.A basis for ordering the temporary or permanent return of the child.

4.Sufficient cause to order the parent or other person seeking to relocate the child to pay reasonable expenses and attorney's fees incurred by the party objecting to the relocation.

5.Sufficient cause for the award of reasonable attorney's fees and costs, including interim travel expenses incident to time-sharing or securing the return of the child.

(4)APPLICABILITY OF PUBLIC RECORDS LAW.--If the parent or other person seeking to relocate a child, or the child, is entitled to prevent disclosure of location information under any public records exemption applicable to that person, the court may enter any order necessary to modify the disclosure requirements of this section in compliance with the public records exemption.

(5)CONTENT OF OBJECTION TO RELOCATION.--An objection seeking to prevent the relocation of a child must be verified and served within 30 days after service of the Notice of Intent to Relocate. The objection must include the specific factual basis supporting the reasons for seeking a prohibition of the relocation, including a statement of the amount of participation or involvement the objecting party currently has or has had in the life of the child.