If you are divorced and have children with your ex, you cannot simply decide to relocate with your child or children. If you plan on moving away from where you currently live, you need to go through particular procedures with respect to your relocation in order for it to be legal according to your current divorce agreement and child custody arrangements.
Not all relocations require the court’s permission. The determining factor is how far away you plan to move from your current residence. Read on to learn more about the basics of relocation after divorce in Florida and whether or not you will need to ask the court for permission.
Florida law regarding relocation
The law in Florida clearly defines what it considers an actual relocation. If you move fewer than 50 miles away from your current residence, that is not a relocation. In addition, if you live elsewhere for fewer than 60 days, that does not fall under the legal definition. Therefore, in Florida, a relocation must be more than 50 miles away from the residence in the most recent order establishing or modifying time-sharing, and last more than 60 days.
Relocation by agreement or petition
Florida laws regarding relocation are very strict. If you and the other parent agree to the relocation, the two of you may be able to sign an agreement that specifies you both consent to the relocation and in so doing, avoid having to go to court to ask for permission. However, the agreement must meet specific criteria as set forth by the Florida family courts.
If the other parent or person with whom the child resides as per a court order does not agree to the proposed relocation, then the person who wants to relocate has to file a Petition to Relocate with the court. In this scenario, the court will ultimately determine whether or not to allow the relocation to take place. The parent who objects to the petition must file a rejection within a specific time frame and make sure it is properly filed with the court.