Can I Take the Children and Move?

Many adults would like to move out of state after a divorce, both in the hopes of making a new start and so they won’t have to see their ex again. But ex-partners/spouses often don’t give much thought to how such a move can be in conflict with court-mandated custody agreements. Relocation in Florida is governed by statute.

In order to move more than 50 miles from the location, the children were primarily residing at a petition must be filed with the court unless the parties agree. There is much information that must be included in the petition and many factors to be considered by the Court before relocation may be granted.

“The well-being of your children and your custody arrangement must be carefully reviewed when you contemplate relocating after divorce. This is why it’s so important to consult with an experienced attorney who understands this very specific statutory requirement,” said Norman A. Green, Senior Partner at Green and Metcalf - Attorneys At Law of Vero Beach, FL.

For the parent without physical custody of the shared child, you may end up in court trying to prevent your ex from moving out of state with your child. Before allowing or denying the move, the judge will consider up to 30 different factors in order make a determination about the move.

“If you’re in the process of divorcing and trying to figure out the best arrangement for your children, you need to understand how custody will affect your ability to move. Even if there’s only a slight chance you’ll want to relocate with your kids in the future, it’s wise to prepare for this possibility well in advance to avoid returning to court later,” Green said.

Norman A. Green is the founder and a partner of Green & Metcalf - Attorneys At Law. He has over 40 years of experience in the practice fields of criminal defense and family law (divorce, child custody, child support, paternity, modifications of existing orders, prenuptial agreements and alimony cases).