Relocating With Children After Divorce in Florida

Relocating With Children After Divorce in Florida

Relocating with children after a divorce is a complicated and sometimes contentious process, especially when both parents share custody. In Florida, the law aims to balance the rights of both parents with the best interests of the child. If you're considering a move or if your former spouse wants to relocate with your child, it's essential to understand how Florida law addresses relocation and what steps you need to take to stay compliant with state regulations.

1. What Is Considered Relocation in Florida?

Under Florida law, "relocation" is defined as a move that is more than 50 miles from your current residence and lasts at least 60 consecutive days. This excludes temporary trips such as vacations, necessary health-related moves, or educational pursuits. If you are considering moving within this distance, Florida's relocation laws do not apply. However, if you are planning a significant move, you will need to follow the proper legal process to gain approval.

2. Understanding the Role of Consent

One of the simplest ways to relocate is to have written consent from the other parent. When both parents agree, they can sign a written agreement specifying the relocation terms, including any changes to the existing time-sharing schedule or custody arrangements. This agreement must be submitted to the court for approval. When both parties are in agreement, the court will typically approve the relocation, provided that the new arrangement is in the child's best interest.

3. Filing a Petition to Relocate Without Consent

If the other parent does not agree to the relocation, you must file a Petition to Relocate with the court. This petition will include:

•    The location of the intended new residence, including the physical address, if known.
•    The date of the intended move.
•    A detailed reason for relocation, such as a new job opportunity, family support, or educational reasons.
•    A proposal for a revised parenting plan and time-sharing schedule to accommodate the move.

After the petition is filed, the other parent has 20 days to respond with an objection. If the other parent objects, a court hearing will be scheduled to determine whether the relocation is in the child's best interest.

4. Factors the Court Considers in Relocation Cases

When the court evaluates a relocation request, the judge will carefully consider factors to determine if the move will benefit the child. Some of the most important factors include:

•    The child's relationship with both parents and the impact the move might have on that relationship.
•    The reasons each parent has for seeking or opposing the move.** For example, if the relocating parent has a compelling job opportunity or family support, this may weigh in favor of relocation.
•    The child's age and needs. The court may look at how the move would affect the child's emotional, physical, and educational well-being.
•    The feasibility of maintaining the relationship with the non-relocating parent. The relocating parent should propose a new time-sharing schedule that allows the non-relocating parent to have meaningful contact with the child.
•    The child's preference if the child is mature enough to express a preference.
•    Any history of domestic violence or issues that could impact the child's safety.

Each of these factors is considered with the primary focus on what will serve the best interests of the child.

5. Temporary Relocation Orders

If you're in the midst of a relocation case, you may be able to request a temporary relocation order. This allows you to move with the child for a short period while awaiting the final court decision. Keep in mind, however, that temporary relocation orders are not guaranteed and require a solid justification for the move before the final decision.

6. Consequences of Relocating Without Approval

It's essential to understand that relocating without court approval or the other parent's written consent is against Florida law. Doing so can lead to severe consequences, including legal penalties and potential modifications to your custody arrangement. The non-relocating parent may even file a motion with the court for contempt, which can complicate the relocating parent's custody status. Always follow the legal process to protect your rights and to maintain a stable environment for your child.

7. Working with an Attorney

Relocating with a child after divorce can be complex, and the consequences of missteps can be severe. Working with a family law attorney who understands Florida's specific requirements is highly advisable. Our team of experienced attorneys can help you file the necessary petitions, negotiate with the other parent if needed, and advocate for a parenting plan that supports your child's best interests.

Conclusion

If you're considering relocating with your child, knowing the rules can save you time, legal headaches, and unnecessary conflict. Florida's relocation laws are designed to ensure that any move supports the well-being of the child while respecting the rights of both parents. Whether you're planning a move or facing a relocation request from your former spouse, understanding your rights and responsibilities is the first step toward a smooth transition.