Relocating With Children During a Divorce in Florida

By Cindy Chung

When parents divorce in Florida, they generally need a court order for custody and visitation. Before either parent relocates with the children, the parents should check the terms of any existing court orders, whether temporary or permanent, for limits on parental relocation. Parents often need to file petitions for court approval before moving away with their children. A mother or father on either side of a parental relocation case may benefit from representation by a Florida attorney.

When parents divorce in Florida, they generally need a court order for custody and visitation. Before either parent relocates with the children, the parents should check the terms of any existing court orders, whether temporary or permanent, for limits on parental relocation. Parents often need to file petitions for court approval before moving away with their children. A mother or father on either side of a parental relocation case may benefit from representation by a Florida attorney.

Divorce and Parental Rights

During a divorce, married parents often need to negotiate custody and visitation issues. Florida state laws use the term "parenting plan" to describe a court order for child custody. A parenting plan explains each parent's rights and responsibilities related to child-rearing decisions on important topics such as education, health and religion. In addition, a parenting plan often includes a time-sharing schedule to establish when a mother or father can spend time with the children. Although state law permits a court to determine a parenting plan, parents can also write a parenting plan together and submit the plan for court approval.

Divorce is never easy, but we can help. Learn More

Parenting Plan and Relocation

A court-ordered or court-approved parenting plan established during divorce as a temporary or permanent order might include requirements related to parental relocation with the children. Florida state laws specifically allow a court to restrict each parent's right to take the children to another state or country. The court may limit the right to travel outside of Florida as well as the right to permanently relocate outside of Florida. When a court order prohibits international travel or relocation, the court may require the surrender of the child's passport.

Petition to Relocate

Florida state laws define relocation as any move at least 50 miles away from the parent's current residence for a duration of at least 60 days. Parents can sign a relocation agreement voluntarily if both parents agree to the move. However, if the parents do not agree, the mother or father seeking to move must file a Petition to Relocate with a Florida state court. The other parent has an opportunity to respond to the petition and oppose the move. When the parents have a pending case for a contested relocation, a court may grant a temporary order to allow the relocation before the court makes a permanent decision.

Legal Factors to Determine Parental Relocation

When parents cannot agree on relocation, the parent who would like to relocate must show the court that the move is in the child's best interests. State laws establish a list of factors for the court to consider in a contested relocation. These factors include the parent's reasons for moving, both parents' economic circumstances, impact on the child, child's preferences and relocating parent's willingness to maintain the other parent's relationship with the child. The court may seek to preserve the parenting plan established during the couple's divorce and maintain stability in the child's life.

Relocation Without Court Order

A parent should understand Florida's relocation laws before choosing to relocate without court approval. If the terms of a couple's divorce establish a parenting plan or place limits on relocation with the children, a relocation without a judge's approval may lead to legal consequences. A state court may initiate contempt proceedings against the parent or use the parent's relocation as a reason to change the custodial arrangement in favor of the other parent.

Divorce is never easy, but we can help. Learn More
Child Custody & Relocation Rights in Tennessee

References

Resources

Related articles

Can a Divorced Mother Move out of the State of Indiana With Her Children?

The terms of an Indiana court order for custody often affect whether a mother can move away from the state with her children. The right to relocate may also depend on the other parent's custodial rights and any objections he has to the move. A mother who plans to relocate should understand the relevant laws and procedures required in Indiana. She might benefit from consulting with an Indiana lawyer who handles custody issues, especially if the other parent opposes the relocation.

Ohio Laws on Relocation & Child Custody After Divorce

Under Ohio law, a custodial parent wishing to relocate to a difference state must receive consent from the other parent or the court. As a result of this requirement, you cannot just pick up and relocate to another state with your child. There are requirements, as required by Ohio law, that you must meet before the move may occur or the court may intervene and order you and your child back to Ohio.

What Are the Laws in Arizona Concerning Divorce & Taking Your Kids Out of State?

Arizona requires parents to file proposed parenting plans during the divorce process, and the court only rules on custody issues if parents cannot agree to a parenting plan or some aspect of it. A couple’s parenting plan can give specific guidance about how the parents intend to handle vacations and relocations. Arizona law also provides rules about relocating children when the parents are divorced.

Get Divorced Online

Related articles

Laws on Relocating Children After Divorce in Illinois

A parent with custodial rights may want to relocate with the children after divorce. For instance, some parents move to ...

Michigan Child Custody Laws & Moving Restrictions

Relocation plans often result in conflict between divorced parents if one parent wants to move away with the children. ...

Laws for Moving Out of State With Shared Parental Rights in Maine

Shared parental rights is the optimum way for two parties to share custody. In Maine, shared parental rights mean that ...

Florida Law for Shared Custody of Minor Children

Emotions tend to run high in custody proceedings and parents often lose sight of what's best for their children. ...

Browse by category
Ready to Begin? GET STARTED