TIME-SHARING AGREEMENTS
AND RELOCATION
By K. Dean Kantaras and Vanessa C. Fernandez
Florida Statute § 61.13001 applies
when a parent who is subject
to a court order regarding time
sharing chooses to relocate with
the child(ren). In sum, the statute defines
relocation as the change in location of
a parent’s residence from where the
parent lived at the time of the last order
establishing or modifying time sharing. The
statute applies to changes of location that
are “at least 50 miles from that residence,
and for at least 60 consecutive days.”
This statute does not apply to temporary
absences from the principal residence for
purposes of vacation, education, or the
provision of health care for the child.
The parents may agree to the relocation
and can sign an agreement that reflects
consent to the relocation and defines an
access or time sharing schedule for the
nonrelocating parent and any other persons
who are entitled to access or time sharing.
This agreement should also include any
transportation arrangements needed to
carry out the time-sharing schedule.
If the parents do not enter such
LAARWT
K. Dean Kantaras, Esq.
126 TAMPA BAY MAGAZINE | MARCH/APRIL 2021
include: the child’s relationship with
the parent proposing the relocation and
the nonrelocating parent; the age and
development stage of the child and the
impact of relocation; and the feasibility
of preserving the child’s relationship with
the nonrelocating parent. Additionally, the
court will consider the child’s preference
while also taking into account the age and
maturity of the child. Lastly, the court is
able to consider “any other factor affecting
the best interests of the child.” 9
EDITOR’S NOTE: K. Dean Kantaras is
the managing partner of K. Dean Kantaras,
P.A., a firm handling cases in family law and
immigration. Mr. Kantaras is board certified
in marital and family law by the Florida Bar.
He has been practicing for over 25 years and is
“AV” rated by Martindale-Hubbell. Vanessa
C. Fernandez is a third-year law student at the
University of Florida Levin College of Law.
She is a law clerk at the Kantaras firm. Their
offices are located at 3531 Alternate 19, Palm
Harbor, 34683, (727) 781-0000 and 1930 East
Bay Drive, Largo, 33771, kantaraslaw.com.
agreement, the parent wanting to relocate
may file a petition to relocate. The petition
must include, among other things, a proposal
for a time-sharing schedule that will give
the nonrelocating parent opportunities for
access and time-sharing with the child(ren).
This proposal should also include any
transportation arrangements necessary
to carry out the time-sharing schedule.
The relocating parent has to prove that
relocation is in the best interest of the child.
If the relocating parent is able to prove
that, then the nonrelocating parent has to
show that the proposed relocation is not
in the best interest of the child. Once this
petition is filed by the relocating parent,
the nonrelocating parent has 20 days to
respond.
The court uses several factors to
determine whether the relocation
will be granted or not. These factors
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