Fort Lauderdale Divorce Lawyer

What Does It Take to Relocate with Your Children from Florida?

Entering into a child custody agreement after a divorce places a number of restrictions on your ability to relocate your family, should the need arise in the future. The process for relocation in Florida follows strict criteria, which both custodial and non-custodial parents must follow.

The best-case scenario for a relocation, in which both parents agree to the move, involves a 60-day notice provided to the non-custodial parent for a move exceeding 50 miles. A written notice must be filed with the court by both parents and should include any changes in the visitation schedule, as well as any other variables of the custody agreement that will be altered due to the move. The court will most likely approve the notice, barring any detrimental impact on the welfare of the child. This step is required before any relocation takes place.

In many circumstances, a non-custodial parent may oppose the relocation. If this is the case, the custodial parent must file a petition for relocation with the court, which includes the new address, updated contact information, specific reason for relocation, a proposal for changing the marital settlement agreement (MSA) and a notice informing the non-custodial parent of objection methods and the consequences for failing to object.

The best way to facilitate relocation should the non-custodial parent object is to prove that the move would not negatively impact the child in any way. This includes providing a new proposed visitation schedule and any evidence you can provide demonstrating that the move would be beneficial in the long-term.

To learn more about your rights and obligations when it comes to child relocation, speak with a knowledgeable Fort Lauderdale divorce and family law attorney right away.