Can I Move Out of Florida with my Child?
After a divorce, it is not uncommon to want to “start fresh” on the next chapter of your life by relocating to a new city or state. You might also feel pulled to relocate due to a job opportunity, a new relationship, or a familial obligation. Whatever your reason for wanting to move out of Florida, if you are a parent with a time sharing agreement in place, you cannot simply pack your belongings and move. Your time sharing agreement exists to nurture a consistent relationship with both parents for your child and moving out of Florida would disrupt this relationship.
That does not mean you cannot move out of Florida. What is means is that you need to work with the court and your former partner to determine if the move is in your child’s best interest, which could require you to present proof to the court that this is the case.
Any Move Further than 50 Miles Requires Consent from Both Parents
In Florida, out-of-state moves are not the only moves that require consent from the non-moving parent. Any move further than 50 miles from the parent seeking the move’s current location that will have him or her there for 60 days or longer requires consent from the child’s other parent.
If the non-moving parent consents to the move, he or she simply has to file a document with his or her written consent to the move with the court. This document should include any alterations to the family’s time sharing schedule necessitated by the move. If any other parties have visitation rights with the child, such as a grandparent, this party must also consent to the move.
If the non-moving parent does not consent to the move, the parent seeking the move must petition for relocation with the court. This petition must include the address of the parent’s prospective new home, a proposed new time sharing agreement, the date of the proposed move, the specific reasons why the parent is seeking the move, and instructions for the other parent for how to object to the move. If the other parent does not respond to these instructions, permission to move is granted. If he or she does respond, both parents must argue their cases to the court so the court can determine the best course of action for the child.
The parent seeking the move may be required to discuss the following:
- The child’s relationship with both parents and any other family members affected by the move, such as siblings;
- How the move would lead to a better quality of life for the child;
- The child’s preference, if applicable; and
- How the child’s relationship with the other parent can continue to be nurtured through a modified time sharing schedule.
Work with a Winter Park Family Attorney
If you are a parent considering moving out of Florida, you need to consider how the move will impact your time sharing agreement. A move out of state is a big change for you and your child, regardless of whether you are your child’s primary caregiver or not. To learn more about moving out of state as a parent with a time sharing agreement from an experienced family lawyer in Winter Park, schedule your initial consultation with The Law Offices of Aubrey Harry Ducker, Jr., P.L.C.