What happens when you file a case in court to determine your parental rights, and you want to move with the child(ren) to another county in Florida or another state?
If you are divorced and wish to move to another state, can you take your minor children with you?
How do you protect your rights as a non-custodial parent when the other parent wants to move with your child(ren) further away from your current residence?
What do you do if the custodial parent moves away to another county in Florida or another state?
If you are the custodial parent of minor children and are divorced and/or have a custody agreement in place, you cannot move more than 50 miles from your current residence or home without the other parents' consent or court order.
If you wish to relocate with your minor children, you will have to prove to a Judge that this is the best decision for the child. It is not sufficient that you want to move to a better location for yourself as the custodial parent.
You also have to address the issue of how the relocation impacts the non-custodial parent's visitation. Will the relocation cause the other parent to have less visitation time than they currently have?
If the Court allows you to move, the time-sharing or visitation schedule will have to be revised. You may also want to keep in mind that the Florida Department of Revenue may need to recalculate the child support payments.
Do not relocate without the other parent's written consent or court order. Relocating to another county in Florida or another state without the other parent's permission or a court order may lead to severe consequences. Some of these consequences may include:
(i) loss of time-sharing,
(ii) payment of the other parent or ex-spouse's attorney's fees, or
(iii) potential denial of a subsequent petition for relocation.
It is crucial to have an attorney who understands your rights and responsibilities to assist you through this process. The Soto Law Office, P.A. is a dynamic and trustworthy law firm that serves the Family Law legal needs of those in Central Florida. Our team listens, cares, and provides excellent client service.
Contact Attorney Kimberly M. Soto and her staff at 321.972.2279 to discuss your questions regarding modifying child support, child custody, visitation, or any other issues you may have.