Relocation

The court must approve a child relocation.  If a custodial parent plans to move more than 50 miles away from the other parent, or plans to move out of the state with their child, there are requirements which must be followed according to Florida law regarding child custody and visitation.

Under the new Parenting Plan and Time Sharing agreements that are part of every Florida divorce, all parties that were named in the time-sharing agreements must agree to a child relocation.

relocation

The parent wishing to move must first file and serve a Notice of Intent to Relocate, and provide to the other parent and/or other parties that were named in the original time-sharing agreement.

Judges take into account a number of statutory factors before allowing the parent seeking child relocation; especially out of the state. These factors ensure a parent does not move without consideration of the overall best interests of the child. Some factors in determining if child relocation is appropriate are:

  • Adherence with the current visitation plan;
  • Age of the child;
  • Relationship between the child and the non-moving parent;
  • Financial and emotional stability of both parents;
  • Ability to modify the Parenting and Time Sharing Plan; and
  • Amount of time the non-moving parent has with the child

The Florida Statute is very specific on the procedures to follow. The best interests of the child are of paramount concern to the court. If the parents are unable to agree, the court will decide whether to grant the relocation after a contested trial.

If relocation will be part of your future plans, check out our resource page: “Florida Child Relocation after Divorce“.