What You Should Consider When Relocating with Children After Divorce

What You Should Consider When Relocating with Children After Divorce

After a divorce, one of the parents may decide to move to a distant location. With children involved, relocating needs to be approved by the court and it requires several steps.
If the child moves out of state, it’s highly unlikely that the same time-sharing schedule will work with both parents. In Florida, the courts have to balance the right of the custodial parent to move for reasonable and legitimate reasons with the right of the parent who doesn’t relocate to maintain meaningful and steady contact with the children.

Relocation Defined
According to Florida laws, relocation is defined as moving 50 miles or more away from the current residence, for a minimum of 60 days. Temporary residential changes for vacation, medical care, or education of the child are not considered relocation.
The state allows parents to agree on relocation by signing a written agreement that contains all the terms of the relocation and newly defined custody agreements. This agreement has to:
● Present that both parents agree to relocation
● Distinguish a time-sharing schedule for the non-relocating parent
● State the way parents intend to handle transportation of the child for visitations
After the parents decide, they can file their signed contract with the court with a request for ratification without having to attend a formal hearing.

Filing a Petition
In cases where parents don’t agree on the relocation, the parent who wishes to move needs to file a petition to relocate to the court, and serve it on the non-relocating parent, according to Florida Relocation Statute (Fla. Stat. § 61.13001).
This petition must be signed under oath under penalty of perjury and include the following:
● The exact address and phone number of the location where the parent wants to move
● The date of the proposed relocation
● Strong reasons for relocation, including copies of a job offer, if applicable
● A proposed time-sharing schedule for the non-relocating parent
● A proposed transportation plan for the child for time-sharing; and
● Notice in all caps to the other party that a response is required.

After this notice gets served to the non-relocating parent, he/she has 20 days to file a response. In case the non-relocating parent does not respond within 20 days, the court can approve the relocation without a formal hearing. It is imperative for the non-relocating parent to act quickly and prepare a response. The response must include rational reasons why the relocation shouldn’t be allowed and a clear statement about the level of involvement the non-relocating parent has in the child’s life.
In case a parent relocates a child without court’s approval, this unapproved move will be taken into account when the judge decides whether to order returning of the child, pay the other parent’s attorney costs, or modify the initial custody arrangement in favor of the other parent.

How Courts Decide Whether to Allow Relocation
When deciding whether to approve child relocation among the factors the court shall consider is the duration of the child’s relationship with both parents, the age and developmental stage of the child, the feasibility of preserving the relationship between the child and both parents, and reasons given for the relocation. When evaluating the factors, the court is looking to the child’s best interest. A parent who has a relocation plan needs to prove to the court that this relocation is in the child’s best interest, as opposed to the parent’s best interests alone. If you are thinking about relocating after a divorce please seek legal advice before you relocate.

Know your rights. If you are considering relocating with a minor child seek advice. To discuss divorce or other family law matters call Debora A. Diaz at 727-846-1802.