Can I Move Out of Florida with my Child?

Thursday, January 26, 2017

 Can I Move Out of Florida with my Child?

If moving will mean disrupting your child’s current timesharing plan, you could have to obtain approval from the court or your child’s other parent in order to complete the move. This does not mean that it cannot be done, but it does mean that you will have to demonstrate to the court that moving out of Florida would be in your child’s best interest. Sometimes, moving is inevitable. New jobs, family obligations, and personal needs can push people to move across state and even national lines. But when you are a parent, you cannot only suit your own needs. You need to make sure your child’s needs are met as well.

Moves Beyond a Certain Distance Require Approval

Florida law states that if a parent wants to move more than 50 miles from his or her current residence for a period of 60 days or longer, he or she must obtain approval from the child’s other parent in order to do so. If the parents agree to the move, they can submit a written relocation agreement to the court that outlines their new timesharing schedule and how they will transport the child after the move.

If the non-moving parent does not agree to the child’s relocation, the parent who wishes to move must obtain court approval to do so. He or she must file a petition to the court that discusses the proposed move, the reason for the move, and the proposed new timesharing and transportation schedule for the child. Moving without obtaining court approval is contempt of court, which can have legal consequences for the parent.

Factors the Court Considers to Approve a Parental Relocation

If the non-moving parent disagrees with the proposed move, he or she must file a response to the court within 20 days of being served with notice of the move. In the response, he or she must discuss why the move would be detrimental to the child and their relationship.

To determine whether or not to approve a parent’s move, the court considers many different factors. These include:

  • Whether the proposed move is in good faith, meaning that it is for a legitimate reason like a job opportunity, rather than the parent’s new boyfriend or girlfriend;

  • The child’s relationship with each parent;

  • The logistics of maintaining a timesharing schedule after the move;

  • If the child is old enough to voice an opinion, his or her preference; and

  • How the move would impact the child’s current development and needs.

Discuss All your Custody Concerns with Draper Law Office

Navigating life as a divorced parent is rarely easy. If you have a parenting agreement with your former spouse, you will need to work with him or her cooperatively to parent your child in the years that follow the divorce. For guidance with these sensitive, sometimes frustrating interactions, work with an experienced divorce lawyer. Contact Draper Law Office online or by calling (866) 767-4711 today to set up your free, no-obligation consultation in one of our three convenient office locations: Orlando, St. Cloud, and Kissimmee.


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