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Relocating with children after divorce

by | Oct 12, 2016 | child custody

It’s an issue faced by many people in our increasingly mobile society: a parent with primary residential custody of children wants to relocate after divorce.

Does the parent who wants to move need permission from the court? How will visitation work after the move?

How relocation works in Florida

If you and your ex have a court order concerning time-sharing, then both of you have rights under that agreement. The parent with primary residential custody cannot move more than 50 miles away for longer than 60 days without approval from the court.

In considering whether to grant a relocation request, the court will consider the reasons for the move. Does the parent need to move to take advantage of a promotion? Will the move allow the parent to be closer to extended family?

Whether you are a parent seeking a move or a parent opposed to the move, it’s important to seek prompt legal advice. In deciding whether to grant a child relocation request, the court will consider the effect the move will have on the other parent’s relationship with the child. The court is primarily concerned about what is best for the child rather than what a parent wants.

If the court approves the move, the time-sharing plan may need to be modified to provide on-going contact with the other parent. For example, the time-sharing plan may be revised to provide fewer, longer visits. The plan may include weekly visitation by Skype. Child support may need to be modified to consider the cost of travel.