If you are a parent in Florida who is considering relocating after a divorce, you may be wondering if you can take your children with you. The answer is not always clear-cut, as the court will consider a number of factors before making a decision.
In Florida, the law states that the best interests of the child are the paramount concern in any custody or visitation dispute. This means that the court will always consider what is best for the child when making a decision about relocation.
Some of the factors that the court will consider include:
- The child's age and emotional maturity
- The child's relationship with both parents
- The quality of each parent's home environment
- The reasons for the proposed move
- The impact of the move on the child's education, healthcare, and other important relationships
If you are the parent who is planning to relocate, you will need to provide the court with evidence that the move is in the best interests of the child. This evidence may include things like job offers, school placements, and housing arrangements.
The other parent may also have evidence to present, such as concerns about the child's adjustment to a new school or community.
Ultimately, the decision of whether or not to allow a parent to relocate with their children is up to the court. However, if you are able to present clear and convincing evidence that the move is in the best interests of the child, you will be more likely to have your request granted.
If you are considering relocating after a divorce in Florida, it is important to speak with an experienced family law attorney. An attorney can help you understand the law and your rights, and they can represent you in court if necessary.
The Law Offices of Lindsay B. Haber has extensive experience in family law matters, including relocation cases. We can help you assess your options and develop a plan to protect your children's best interests. Contact us today to schedule a consultation.
Here are some additional tips for parents who are considering relocating with their children after divorce in Florida:
- Start planning early. The court will be more likely to approve your request if you have already made arrangements for your new home, school, and childcare.
- Be prepared to compromise. The court may not approve your request for a full relocation. You may need to agree to a partial relocation, or to visitation that is more frequent than what you would like.
- Be respectful of the other parent's concerns. The court will take into account the other parent's views on the move. It is important to be respectful of their concerns, even if you do not agree with them.
Relocation after divorce can be a complex and emotional process. However, with the help of an experienced attorney, you can protect your children's best interests and achieve the outcome that you want.
Here are some specific Florida laws that you should be aware of if you are considering relocating with your children after divorce:
- Florida Statute 61.13001 defines relocation as a parent moving 50 miles or more from the current residence, for at least 60 days.
- Florida Statute 61.13002 requires a parent who wishes to relocate to provide written notice to the other parent at least 60 days before the proposed move.
- Florida Statute 61.13003 allows the court to approve a relocation if it finds that the move is in the best interests of the child.
If you are considering relocating with your children after divorce in Florida, it is important to be familiar with these laws and to work with an experienced attorney to protect your rights.