Can You Relocate a Child After a Divorce?
Co-parenting after a divorce comes with many challenges! Serious issues may arise if a parent wishes to relocate with a child. Florida law treats relocation requests very seriously, so if you are considering a move or if your former spouse wishes to move away with the child, it is critical that you speak with an experienced Florida family law attorney as soon as possible.
Florida Relocation Law
Under Florida law, a parent is allowed to move within 50 miles without the need for parental or Court approval. However, if a relocation request is made that is more than 50 miles away from the primary residence, there must be a written agreement between the parents or Court approval for the relocation. If both parents agree to the relocation, the process can be as simple as going to a qualified family law attorney to draft and sign an agreement. However, if one parent does not agree to the relocation, the Court will need to intervene.
Best Interests of the Child
If the Court needs to intervene, the Court will determine whether the relocation is allowed based on whether the move is in the best interests of the child. The judge in the case will weigh a number of factors, including the following:
● The child’s relationship with each parent
● The child’s age and current needs
● Any impact of the relocation on the child’s development
● The ability to maintain a relationship between the child and non-relocating parent
● Cost and logistics to maintain visitation with the non-relocating parent
● The parents’ reasons for and against relocation
● If the relocation is in good faith.
A relocation request may also come with modifications to the existing child custody and visitation schedule, which can be negotiated with a qualified family law attorney. To learn more about how the court may rule in your case, talk to a knowledgeable family law attorney today.
Talk to Our Office Now
At The Soto Law Office, our team is prepared to offer top-tier legal advice on matters of relocation after a divorce. If you would like to learn more about your legal options regarding relocating with a child, call the office or contact us today at The Soto Law Office in Altamonte Springs to schedule a consultation.