Divorce is a major life-altering event and much about your current reality will change in the aftermath. You might need to find a new job, rely on your family more for support, or relocate to create a better life for yourself and your children. Of course, relocating will have a major impact on your parenting plan, which means you cannot make this decision without involving the court. Even if you and your co-parent can agree to a modification of your parenting plan, you will still need the approval of the court to ensure it is in the best interests of the children.
Relocating After a Divorce
In Florida, a relocation is defined as a move that is 50 miles or more from the parent’s current residence that will last for 60 days or more. If you and your ex-spouse cannot agree on a modification to your parenting plan, your next option would be to petition the court. You will need to provide the address of the new place where you wish to relocate, the date of the relocation, your reasons for wishing to relocate, a new visitation schedule, and a plan for transportation to facilitate visitation. Your co-parent will have 20 days to file a response to your petition.
When determining whether this request for relocation should be granted, family courts will examine a variety of factors to ensure that the move supports the best interests of the children.
Below are some of the factors that will play a part in your case:
- The children’s relationship with each parent
- The children’s needs
- If the relocation will improve the children’s lives
- The parent’s reason for the relocation
- The other parent’s reason for opposing the relocation
- If the relocation is financially necessary for the parent
- The logistics of ensuring the children can continue to maintain a relationship with the non-moving parent
- If either parent has a history of substance abuse
- If the relocating parent is moving to interfere with the other parent’s relationship with the children
- Any other factors that may have an impact on the children’s best interests
The burden of proof lies with the relocating parent, so if you wish to move with your children, you must hire an experienced family law attorney to represent your case.
Call Our Law Office to Discuss the Details of Your Relocation Case Today!
If you would like to relocate with your children in the aftermath of a divorce, you need to secure skilled legal counsel to assist you with the process. At Bauer Law Group, P.A., our family law team is committed to helping clients navigate some of the most challenging legal issues.
Reach out to our law office today at (352) 310-8169 to schedule a consultation to discuss the details of your case.