Parents often continue living in the same neighborhoods or cities after divorce. Staying in the same community helps keep things stable for their children and makes adherence to time-sharing arrangements much easier.
As life moves on after a divorce, parents may eventually need to relocate. New relationships or jobs may make a move out of Florida necessary. Can a parent who currently shares custody in Florida relocate with the children to pursue new opportunities?
Yes, relocation when sharing custody is possible
Parents can potentially move across the state or out of Florida if necessary to improve their lives while sharing custody. They must follow appropriate legal procedures to do so. Typically, providing advance notice at least 60 days in advance is a key element of a successful relocation.
Anyone moving 50 miles or more from the children’s current residence must provide notice and secure either consent from their co-parent or approval from the courts. If the other parent agrees with the proposed move, the family may be able to pursue an uncontested custody modification.
If there’s a disagreement about the move or about how to alter the current custody arrangement, then the family may need to return to family court. A family law judge can review the proposed relocation and determine if it is in the best interests of the children. They can decide how to adjust the custody order to allow continued time-sharing for the parent remaining in Florida.
Understanding the advance notice requirements and how the courts evaluate relocation requests can help parents prepare for family court. Moving away with children is possible if the move is beneficial, is occurring for an appropriate reason and doesn’t unreasonably trample their other parent’s rights.