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Unfortunately, we can’t plan for every curve ball life throws our way. And sometimes, those sudden events and opportunities require people to move out of state or hours away from loved ones.
The sudden need to move poses a challenge for divorced couples who share custody of children because it often means one parent will have much less access to their child (and vice-versa, the child will not see one of their parents as often).
Relocating as a Florida Parent
While out-of-state moves almost always need to be approved, moving within a large state, like Florida, can also be challenging. According to Florida Child Custody Statute 61.13001, the court can require a parent to obtain approval from their ex or a judge before moving more than 50 miles away.
Relocating with Consent
If both parents (and any other parties entitled to time-sharing with the child) agree to the terms of the relocation, it should be included, in writing, in the parenting plan. Then, the agreement still has to be submitted to a court and ratified by a family court judge.
If your ex objects to the relocation, your case will likely have to be taken to court where a judge will make the final decision. To begin the approval process, you need to petition for relocation in Florida.
Qualifying for Relocation
In order to relocate, the parent must show that this move will be in the best interest of the child. Before making a final decision, a judge will typically consider:
- The child’s wishes, if he or she is old enough to understand what is happening.
- If this relocation will enhance the moving parent and child’s quality of life.
- How this relocation will affect the child physically, mentally, and emotionally.
- Why the relocating parent wishes to move.
- Each parent’s employment and economic circumstances.
Are you living in Florida and looking to relocate with your child? Contact Orshan, Spann & Fernandez-Mesa online or call (305) 853-9161 to learn how we can help!