Relocation cases are some of the most difficult family separation cases to resolve. On the one hand, Florida recognizes the personal freedom a parent should have to pursue a better life in another state. On the other hand, Florida knows how detrimental that move can be to the relationship between the children and the parent who remains.
In Florida, if your ex-spouse plans to move the children more than 50 miles away from their original residence, he or she must first have your written permission or permission from a family court judge. Read further for a more in-depth explanation.
Relocating With Children After a Divorce
Whether or not your ex-spouse can relocate with your children will be governed by Florida’s Relocation Statutes, which will only apply if there is a court-ordered time-sharing arrangement in place. Once this order is in place, a relocation of more than 50 miles from the children’s original residence will require either:
– The permission of the other parent, or
–Permission of the court in the form of a court order.
Regardless of whether the requesting parent is the majority time-sharing parent or the minority time- sharing parent, one of these two conditions must be met. If the parents do not agree on relocation and parental permission is not granted, there are two specific guidelines that must be met in order to receive permission from the court to relocate:
–A petition requesting permission from the court to relocate must be filed by the parent who wants to relocate with the children.
-Notification of the petition to relocate must be provided to the non-relocating parent.
The non-relocating parent must then file an objection (or consent) within 20 days after he or she has received notice of the petition to relocate. If objection is filed too late, the relocation may be permitted despite the parent’s disapproval.
Factors the Court Considers When Granting Permission
Florida’s relocation statutes outline many factors that a court must evaluate to determine if the permission to relocate should be granted. Chief among them are:
–The relationship the children have with each of the parents,
–How the move will affect the children’s relationship with the non-relocating parent,
–The strength of the children’s ties to the community in which they currently reside,
–The amount of family support (or lack thereof) in the new location,
–The reason for the proposed relocation,
–Whether or not there are economic reasons for the proposed relocation,
–Whether or not there is a medical or health-related reason for the proposed relocation,
–Whether or not the custodial parent is acting in good faith when proposing the relocation,
–Whether or not the non-custodial parent is acting in good faith in opposing the relocation, and
–The impact that approval or disapproval of the proposed relocation will have on the children’s quality of life.
Many times, a judge will consider appointing a “guardian ad litem” to the case. This is a mental health expert or attorney who will assess the effects that the proposed relocation will have on the children’s well-being, and will advise the court accordingly. The court will then allow or disallow relocation based on what it believes to be in the overall best interest of the children.
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