Relocating with Your Child After a Divorce

Relocating with Your Child After a Divorce

Posted By Owenby Law, P.A. || 21-Aug-2017

Imagine you get a new job. A job that will change your life for the better. Only thing is, it’s in a different state. As a divorced parent, the decision to leave can be complex and agonizing. Do you stay and let go of a great opportunity or do you pack your things and take your child with you? If you’re considering relocating with your child after a divorce, here’s what you need to know.

What Is Considered Relocation?

Florida law defines relocation as moving 50 miles or more from a current residence, for at least 60 days. If a parent wants to relocate with a child, they must sign a written agreement with the other parent that describes the terms of the move and the new custody arrangement. The agreement must include:

  • A time-sharing schedule for the non-relocating parent
  • How transportation will be handled during visitation periods

Filing a Petition

If the parents cannot agree to relocation terms, the parent wishing to relocate must file a petition with the court and serve it on the other parent. The petition must include:

  • Address and phone number of the new home
  • Date of proposed relocation
  • Reason for relocation
  • Proposed visitation schedule
  • Proposed plan for transportation

The non-relocating parent has 20 days to respond to a petition; if they don’t, the court may grant the relocation request without a hearing. The response should include the reasons why the move shouldn’t be allowed.

How Courts Decide Child Relocation

During the hearing, the court will consider many factors when deciding whether or not to allow relocation. They will look at:

  • The child’s relationship with both parents
  • The child’s age and current needs
  • The child’s preference
  • Whether the move will improve the lives of the moving parent and child
  • Whether the relocation is necessary for financial reasons

The relocating parent must prove to the court that the move is in the child’s best interest. If you are seeking a court order permitting you to relocate with your child, contact our Jacksonville divorce attorneys at Owenby Law, P.A. today.

Call (904) 770-3141 or contact us online to schedule a free consultation.
Categories: Divorce
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