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How easily can I relocate with my child after my divorce?

At Fried and Fried PA in Florida, we know that when you have a child, particularly a young child, by your ex-spouse, the two of you may have continuing issues regarding him or her after your divorce. One such situation we see most often is when the custodial parent needs or wishes to relocate with the child.

If your job requires you to relocate, or if you need to do so to pursue your education, you cannot just leave. Under Section 61.13001 of the Florida Statutes, if your move will take you and your child more than 50 miles away from your current residence, you must obtain court permission to relocate.

Notifying noncustodial parent

The first thing you must do is notify your ex-spouse of your planned move. If (s)he consents to it and the two of you can agree to a revised visitation schedule, you must file a written agreement, signed by both of you, with the court that includes the following:

  • Statement by noncustodial parent that (s)he consents to your move
  • New visitation schedule
  • Agreed transportation arrangements for the child supporting the visitation schedule

The court will then approve your move.

Petition to relocate

If your ex-spouse does not consent to your relocation, you must file a petition to relocate with the court that covers the following:

  • The address, including street address if known, city and state where you and the child will live
  • The mailing address if different from the physical address
  • Your new telephone number if known
  • The date when you plan to move
  • The reason(s) why you need to move, including, if applicable, a copy of your new job offer
  • Your proposed visitation schedule after your move

You must serve a copy of this petition on your ex-spouse. (S)he then has 20 days in which to file an objection to your move, stating his or her reasons therefor. If (s)he fails to file such an objection, the judge presumes that your move is in the best interests of your child.

If your ex-spouse files an objection, then the two of you must go to court and present your evidence, pro and con, as to why your move is or is not in the best interests of your child and both parents. The judge will hear all the evidence and make the ultimate determination of whether or not you and your child can relocate.

For more information on this subject, please visit this page of our website. 

 

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2524 First Street
Fort Myers, FL 33901

Toll Free: 888-831-2597
Phone: 239-243-9287
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