Can I Move to a New City with My Child After a Divorce?
If you currently live in Orlando, Florida and are in the process of getting divorced with minor children, you likely have many different questions about your rights as a parent after the divorce. Given that many newly divorce people often look for a job change and to move to a new place in order to get a fresh start, it is important to understand whether a relocation is possible if you have kids. Specifically, whether you are already thinking about moving with your child after the divorce is finalized or you simply want to have a sense of your parental rights, you should learn about relocation in Florida. Under Florida law (Fla. Stat. § 61.13001). If you need assistance with relocation, an Orlando child custody attorney can speak with you about modifying your existing child custody order.
Understanding Relocation Under Florida Law
The term “relocation” is the legal word used to describe a situation in which a parent wants to move out of state with a child. Specifically, Florida law defines relocation as “a change in the location of the principal residence of a parent or other person from their residence at the time of the last order establishing or modifying time-sharing.
It is important to know that, although the definition of a relocation might suggest any move, the legal use of the word relocation in the context of Florida family law refers to specific moves. Most notably, in order for a parent to need to seek relocation, the “change of location must be at least 50 miles from that residence.” In addition, in order for the relocating parent to need the court’s permission, the relocation must be for at least 60 consecutive days.
In other words, taking a vacation over the summer for a few weeks (or even a month) does not require a parent to have court approval for relocating.
Asking for the Other Parent’s Permission
The easiest way for a relocation to happen is if the parents can come to an agreement. Florida law says that, as long as the parents and anyone else entitled to time-sharing agree to the child’s relocation, they can enter into a legally binding agreement. The agreement must reflect each party’s consent to the relocation, and it must also detail a time-sharing schedule for the parent who is not relocating (as well as for anyone else who has time-sharing with the child.
When the parties cannot reach an agreement about location, the parent seeking the relocation must file a petition.
Filing a Petition to Relocate
Unless the parties are able to reach an agreement about relocation and execute a written agreement that provides the necessary information, the parent seeking relocation must file a petition to relocate with the court.
Similar to other court documents, the petition must be filed, served on the non-relocating parent and other parties with time-sharing, and must provide specific details about the intended new residence.
Contact an Orlando Child Custody Lawyer
If you have questions about relocation, an Orlando child custody & timesharing attorney can help. Contact Anderson & Ferrin for more information.