The Florida child relocation laws require the custodial parent to notify the non-custodial parent if they wish to move more than 50 miles away for any period longer than 60 days. This must be done legally by sending a “Notice of Intent to Relocate” before the move occurs. If the court views the move as negatively impacting the children or their relationship with the other parent, the judge may not approve the relocation.
Child Relocation and Parental Agreement
The parent who wishes to relocate with the children may be allowed to move if he or she gets consent in writing from the other parent. The court will also require that the move be approved by any individuals who have been granted visitation by the court. The relocating parent may want to offer longer periods of visitation be given to the other parent. This could be extended time during spring or summer breaks and will be seen in a favorable light by the family court judge. This agreement will still need the approval of the court.
Factors the Court Will Consider
Family court judges always rule in favor of what is in the children’s best interests. If moving away from friends and family will be a traumatic experience for them, the court may rule against the move. Parents who want to relocate and obtain the court’s permission must make a compelling case to convince the judge that relocating will have a positive effect on the family. Some factors that the judge will consider are:
- How the move will impact the child’s mental, physical and emotional development
- If the child’s relationship with the non-relocating parent can be preserved by making alternate arrangements for visitation
- The preference of the children if they are at an age where they can communicate their wishes
- How the relocation will enhance both the lives of the parent and child
- The reasons for relocation, such as better educational or employment opportunities
- If the health of the child necessitates the move, such as specialized medical care is required
- If the non-custodial objects to the move and their reasons why
Spouses may wish to relocate to be close to family and friends who can offer emotional support after an emotionally draining divorce. A move should not be intended as a way to deprive the non-custodial parent of their visitation rights or to get revenge on their ex-spouse.
When to Obtain Legal Guidance
The Florida child relocation laws state that the custodial parent cannot move during the 30-day window in which the non-custodial parent can object to the move. Once a parent objects to their child being relocated, the court will schedule a hearing to determine what is in the best interest of the children. If you are the parent seeking to relocate or the non-custodial parent who has just found out about a proposed move, you should contact a lawyer. A family law attorney will be able to give you advice on how to proceed with your case and without violating the laws of the state.
