After a divorce, a parent may receive a job opportunity, remarry, or have another reason to move to a different city or state. However, when children are involved, relocating is not always a decision that a parent can make independently. Florida law places specific requirements on parents who want to relocate with a child.

Under Florida law, relocation generally means moving more than 50 miles from the child’s current residence for at least 60 consecutive days. A parent who wants to relocate must follow the legal procedures established by Florida law.

Do Both Parents Have to Agree?

If both parents agree to the proposed relocation, they may be able to sign a written agreement addressing the move. The agreement generally must address important issues such as the new location, the reasons for the relocation, transportation arrangements, and a revised time-sharing schedule.

If the other parent does not agree, the parent seeking to relocate generally must obtain court approval before moving the child. A court may consider the relocation request and determine whether it is in the child’s best interests.

What Factors Does the Court Consider?

When deciding a contested relocation case, the court may consider numerous factors. These can include the reason for the proposed move, the reason the other parent objects, the child’s relationship with each parent, the impact of the move on the child’s education and development, and how the relocation would affect the existing time-sharing arrangement.

The court may also consider whether the proposed move would allow the child to maintain a meaningful relationship with both parents.

What If a Parent Moves Without Permission?

A parent generally should not simply move the child more than 50 miles away without following the required legal process. An unauthorized relocation can result in serious legal consequences and may affect future decisions concerning parental responsibility and time-sharing.

Because relocation cases can involve complicated factual and legal issues, parents considering a move should understand their rights and obligations before making plans.

Speak With a Florida Family Law Attorney

If you are considering relocating with your child after a divorce, an experienced Florida family law attorney can explain the applicable requirements and help you determine what steps may be necessary. Obtaining legal advice before moving can help you avoid unnecessary disputes and protect your parental rights.

Ty Zdravko practices law as a divorce attorney, and family law attorney in Palm Harbor, Clearwater and the surrounding area.

For more information, visit our website at www.divorceboardcertified.com
or call (727) 787-5919.