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When Do You Need Permission To Move With A Child?


Sometimes after a divorce that involves children, one parent wants to move away for employment opportunities, to be closer to family, or simply for a new start. In many cases, parents can move and even take their child with them, but it is not always so straightforward. If you or your former spouse want to relocate with your child, it is important to know the process you must follow before you move, and how to object if your ex is the one that wants to relocate with your child.

When Must You Ask for Permission to Move with a Child?

Under Florida law, you must notify your former spouse and obtain their consent if you wish to relocate more than 50 miles from the child’s current residence. You can also petition the court and obtain a court order that will allow the relocation. To do this, you must file a petition that states you are seeking a relocation with the child and serve it to the other parent and anyone else that has time-sharing rights with the child.

The petition you file must meet many requirements, including being signed under oath or affirmation. You must also describe the new residential location, including an exact address, if it is known. You should also include the phone number of the new residence, the date you plan to move, and the reason you are moving. You should also include a proposed or revised time-sharing plan for after you have moved.

The courts will often give priority to relocation cases, but it can still take up to 90 days days before a decision is made. As such, you should petition the court as soon as possible once you know you want to relocate. If you relocate with your child without taking the appropriate steps, you will face various penalties. You may be considered in contempt, will likely be compelled to return the child, and the fact that you moved may be used against you in future custody or time-sharing hearings.

Responding to the Petition for Relocation

If you are not the one moving with your child but rather, you have been served with a petition from your former spouse, you have only 20 days after service to respond. This is a crucial step, particularly if you object to the relocation. If you do not respond, a judge will likely allow the relocation to proceed, unless it is not in the child’s best interests.

Our Family Lawyers in Orlando Can Help with Your Relocation Case

Whether you want to relocate with your child, or you need to object to a petition you have been served with, our Orlando family lawyers at Anderson & Ferrin, P.A. can assist with your case and give you the best chance of a positive outcome. Call us today at 407-412-7041 or fill out our online form to schedule an initial consultation and to learn more about your legal options.

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