A lot can change in the aftermath of a divorce and, if you share children with your former spouse, these changes can ultimately impact your time-sharing schedule. In Florida, a relocation is defined by a move that is 50 miles or more from the parent’s current residence. If you and your co-parent can reach an agreement regarding your relocation, this can make the situation substantially easier, though you will still need the approval of the court. However, if you cannot agree, the process will take more time as you and your former spouse present your arguments.
Agreeing to a Relocation
If you and your co-parent agree on a relocation, there are some steps you must take to make the agreement formal.
Your relocation agreement must:
- Show that you and your co-parent agree to the move
- Establish a new time-sharing schedule for the non-moving parent
- Detail how you plan to handle transportation when the children visit their other parent
- You must both file your signed contract with the court and have it ratified.
How Will the Court Make its Decision?
As was the case when you went through your divorce, any decisions regarding your children will be based on their best interests. When rendering a decision in your relocation case, the judge will attempt to determine if the move supports your children’s best interests.
Below are some of the factors considered during this process:
- The children’s needs and respective ages
- The impact the move may have on their development
- The children’s relationship with both parents
- If the children are mature and old enough, a judge may consider their preference
- The logistics and cost s associated with maintaining visitation and the parent who is not relocating
- If the relocation will greatly improve the lives of the children and the parent
- The parent’s reason for relocating
- The non-moving parent’s reason for opposing the move
- If the move is necessary for financial reasons
- If either parent has a history of substance abuse or domestic abuse
- Any other factors a judge may deem relevant for rendering a decision
In such cases, the parent who wishes to relocate has the burden of proving the relocation is in the best interests of the children.
Discuss Your Relocation Case with One of Our Knowledgeable Child Custody Attorneys
If you wish to relocate with your children and cannot reach an agreement with your former spouse, you must hire skilled legal guidance to ensure you receive the results you need to move forward and support the best interests of your children. At Tinny, Meyer & Piccarreto, P.A., our legal team is committed to assisting clients through this difficult experience, so they can achieve their goals. With us on your side, you can feel confident that you will receive the compassionate advice and fierce representation you deserve.
Get started on your relocation case today and reach out to our law office at (727) 245-9009 to arrange a consultation with a trusted member of our team.