The divorce is finalized, and you and your ex-spouse have agreed on the terms of your parenting plan. Things are starting to go back to normal as everyone in your family adjusts to their new lives. Your attorney explained to you how the child relocation laws in Florida could impact you, but you never imagined that you would want to move. Then you see a posting online for your dream job. It’s in another state. You think it’s a shot in the dark, but you apply anyway. A few days after you sit down for your third and final interview, you get a call. The job is yours!
Now you have to figure out whether you can accept the offer. After all, moving could impact your ex-spouse’s ability to be involved in your child’s life.
Whether you have accepted a new job, want to move to a better school district for your child, or want to move closer to your family—whatever your reason for wanting to relocate—there are a few things that you need to understand about Florida’s child relocation laws before you make the move.
What Are the Child Relocation Laws in Florida?
Excluding vacations, educational trips, and relocation for medical purposes, Florida sets the distance that divorced parents can relocate with a child at 50 miles from their current address. If you want to move more than 50 miles away for longer than 60 days, you must get the consent of the child’s other parent. The court requires a written agreement signed by both parents that shows both parents consent to the move and how the parents will handle time-sharing, including details concerning transportation responsibilities. When both parents agree, there is no need for a formal hearing.
https://www.youtube.com/watch?v=dAL83ibapJM
What Happens If the Other Parent Doesn’t Consent?
If both parents do not agree to the relocation, the relocating parent must file a petition with the court and notify the other parent. The parent who is moving must include the following information in the petition:
- An address and phone number for the new location
- The reason for the relocation
- The date of the relocation
- A new visitation schedule and transportation plan
The parent who is not moving has 20 days to file a response, which should include why the court should deny the petition. If the court gets no response, it may grant the petition without a hearing.
When all is said and done, the court will side with the best interests of the child, taking into account the child’s relationship to each parent, how the move will impact the child’s development, whether the move is a financial necessity, and other factors that affect the child’s well-being.
If the parent who is not relocating responds, the court will schedule a hearing or a trial to determine what decision is in the child’s best interest.
Don’t Know How to Navigate the Child Relocation Laws in Florida?
If you want to relocate with your child or your ex-spouse wants to relocate with your child against your wishes, it is imperative that you seek legal counsel. Contact me today so that we can discuss your needs.
About the Author: Helena Y. Farber is an attorney in Aventura, Florida, whose practice is concentrated in the areas of divorce and family law. She can be reached at (305) 520-9205 or via email at hyf@farberlawpa.com.
Disclaimer: The attorney makes this Blog available for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site, you understand that there is no attorney-client relationship between you and the Blog. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.