What You Need to Know About Relocating Children After a Divorce

In many cases, one parent may consider relocating the children after the divorce. But is it legal? Does Florida law support a parent moving a child out of state? 

If the child moves to another state with a parent, it is most likely to affect the time-sharing schedule with another parent. 

In Florida, a judge can allow a parent to move with the child if it is for a legitimate reason, such as a job opportunity. At the same time, the judge will factor in the non-relocating parent’s right to have significant contact with the child. 

How Far Can a Parent Move With Joint Custody?

The Florida child custody law states that if a parent is moving 50 miles or more from his or her principal residence at the time of the last time-sharing order, for at least 60 consecutive days, it will be considered as a “relocation.” However, if a parent has to move temporarily for the purposes of vacation or providing medical care or education to the child, it is not considered a relocation. 

If moving the kids after divorce becomes necessary, then the parents may reach an understanding by signing a written agreement that spells out the new time-sharing arrangement. If there is an existing court case or order, the agreement must also be ratified by the court. 

This agreement must include the other parent’s consent to the move, a time-sharing schedule for the non-relocating parent, and, if necessary, the transportation arrangements for time-sharing. 

If there is any other person with court-ordered time-sharing or access to the child (such as the grandparents), they will also have to agree in writing to the parent moving with children.

What If There Is a Disagreement?

If the parents are not in agreement about the relocation, then the moving parent will need to file a petition with the court to be allowed to move. The petition must include why the parent needs to move. It should also inform the other parent how they can file an objection to the petition. 

If the other parent doesn’t respond to this petition within the given time frame, the court will likely allow the move – as long as it is deemed in the child’s best interests. 

If the other parent files a timely objection, then the court will issue a date for a hearing or a trial, and there is no presumption for or against the relocation. 

It should be noted that the judge will always base their final decision on the best interests of the children. In addition, they will also factor in how the move will affect a child’s physical, mental, emotional health, and overall development. The reason(s) for the relocation request and objections of the other parent will also be evaluated thoroughly. 

Your Best Chance of Winning Your Case: A Family Law Attorney

Having an experienced and dedicated family lawyer to represent your side of the dispute is absolutely vital in these cases. If you are the non-moving or non-custodial parent moving, you could be up against a hearing or trial. 

If you think that relocating your child with the other parent may affect their life in a negative way, or if you are a parent seeking to relocate alongside your children, consider getting in touch with an expert. Attorney Patrick L. Cordero and his team of over 50 highly skilled attorneys and legal experts have successfully represented thousands of clients with family disputes for more than three decades. 

We will handle your family law case with the attention that it deserves! Schedule a consultation now by calling 305-267-3376 or contact us online.