Relocating After Divorce in Central Florida: What You Need to Know

At The Soto Law Office, serving families throughout Central Florida, we understand that the desire for a fresh start after a divorce is natural. You might be considering a move to a new city or even another state. However, if you share children with your former spouse, relocating can become a complex legal matter.

During your divorce proceedings in Central Florida, the court likely issued a detailed child custody order outlining parental responsibilities and timesharing schedules. This order remains legally binding, and any relocation that significantly impacts your ex-spouse's parental rights requires careful consideration and adherence to Florida law.

Why Relocation After Divorce Can Be Challenging in Central Florida

The primary challenge arises from the logistics of maintaining the established custody arrangement over a long distance. For instance, if your Central Florida custody order mandates a regular timesharing schedule, such as alternating weekends or weekly exchanges, a significant relocation can make these exchanges practically impossible.

Florida courts prioritize the best interests of the child, which often includes maintaining a consistent and meaningful relationship with both parents. A move that substantially hinders the other parent's ability to exercise their timesharing can be viewed as detrimental to the child and a violation of the existing custody order.

Furthermore, Florida law emphasizes shared parental responsibility, meaning both parents typically have the right to be involved in major decisions concerning their children's lives, including where they live, their education, and healthcare. Moving a child a significant distance without the other parent's consent or court approval can be seen as infringing upon these rights.

Is Relocation Impossible After a Central Florida Divorce?

No, relocating after a divorce in Central Florida is not necessarily impossible, but it requires navigating specific legal procedures. The key is to either obtain the other parent's consent or seek a modification of the existing child custody order from the Florida court.

Seeking a Modification of Your Central Florida Custody Order for Relocation

If your ex-spouse does not consent to the relocation, you will need to petition the Central Florida court to modify the custody order to reflect your new circumstances. This process typically involves demonstrating to the court why the relocation is in the best interests of your child.

When considering a relocation request, Florida courts will evaluate various factors, including:

• The reasons for the proposed relocation: Legitimate reasons, such as pursuing educational opportunities, accepting a significant job offer, or moving closer to extended family support, are more likely to be viewed favorably.

• The best interests of the child: The court will assess the potential impact of the move on the child's physical, emotional, and educational well-being. This includes considering the child's relationship with both parents, siblings, and their current community.

• The objecting parent's reasons for opposing the relocation: The court will consider the validity and impact of the non-relocating parent's objections.

• The history of the parents' timesharing and their ability to facilitate timesharing if the relocation occurs.

• Whether the relocating parent has a history of acting in the child's best interest and seeking to facilitate a continuing relationship with the other parent.

The Importance of Legal Guidance in Central Florida Relocation Cases

Navigating the legal complexities of relocating with children after a Central Florida divorce can be challenging. It is crucial to have experienced family law counsel to guide you through the process.

At The Soto Law Office, our family law team, serving Central Florida, can assist you by:

• Evaluating your specific situation and advising you on the legal requirements for relocation.

• Assisting you in attempting to reach an agreement with your former spouse regarding the relocation.

• Preparing and filing the necessary legal documents with the Central Florida court to seek a modification of the custody order.

• Presenting compelling evidence to the court demonstrating why the relocation is in your child's best interests.

• Protecting your parental rights throughout the modification process.

Seeking a modification of a child custody order for relocation requires a thorough understanding of Florida family law and a strategic approach. Don't attempt to relocate without first consulting with an experienced family law attorney in Central Florida.

Considering a move after your Central Florida divorce? Let The Soto Law Office provide the experienced legal guidance you need to navigate the complexities and protect your rights and your children's best interests.

📞 Call us at (321) 972-2279

🌐 Visit us at www.TheSotoLawOffice.com to schedule a consultation with our Central Florida family law team.