Are you a divorced parent in Jupiter? Want to know if you can move away with your kids?
Or perhaps your ex-spouse wants to move with the kids and you want to prevent them from doing so.
I am divorced with kids – can I move and take the kids with me?
Move-away or relocation issues come up a lot in our Jupiter office. As post-divorce life goes on, parents might remarry or find a job in a different city.
The question is, can a divorced parent move away and take the children with them? What are their rights? What are the other parent’s rights?
What if there is a restriction in your final judgment as to how far you can move away?
Florida Statute 61.13001(1)(e) provides:
“Relocation” means a change in the location of the principal residence of a parent or other person from his or her principal place of residence at the time of the last order establishing or modifying time-sharing, or at the time of filing the pending action to establish or modify time-sharing. The change of location must be at least 50 miles from that residence, and for at least 60 consecutive days not including a temporary absence from the principal residence for purposes of vacation, education, or the provision of health care for the child.
Read the entire Florida statute here.
If both parents agree to the relocation, they may sign a written agreement that contains certain details specified by law. If there is already a judgment or decree pertaining to the child’s residence and/or timesharing, the parties must seek ratification of the agreement by the court. No hearing will be required unless one party requests it.
Otherwise, the party seeking to relocate (more than 50 miles away – measured from a straight line, not by driving distance – unless otherwise agreed to by the parties) must file a petition with the court and serve it upon the other parent. The petition must contain certain information as specified in Statute 61.13001. If the other party fails to respond within the designated time frame, the relocation will be granted unless it is not in the child’s best interests.
If the relocation is contested by the non-moving party, the court will consider the following factors:
(a) The nature, quality, extent of involvement, and duration of the child’s relationship with the parent or other person proposing to relocate with the child and with the nonrelocating parent, other persons, siblings, half-siblings, and other significant persons in the child’s life.
(b) The age and developmental stage of the child, the needs of the child, and the likely impact the relocation will have on the child’s physical, educational, and emotional development, taking into consideration any special needs of the child.
(c) The feasibility of preserving the relationship between the nonrelocating parent or other person and the child through substitute arrangements that take into consideration the logistics of contact, access, and time-sharing, as well as the financial circumstances of the parties; whether those factors are sufficient to foster a continuing meaningful relationship between the child and the nonrelocating parent or other person; and the likelihood of compliance with the substitute arrangements by the relocating parent or other person once he or she is out of the jurisdiction of the court.
(d) The child’s preference, taking into consideration the age and maturity of the child.
(e) Whether the relocation will enhance the general quality of life for both the parent or other person seeking the relocation and the child, including, but not limited to, financial or emotional benefits or educational opportunities.
(f) The reasons each parent or other person is seeking or opposing the relocation.
(g) The current employment and economic circumstances of each parent or other person and whether the proposed relocation is necessary to improve the economic circumstances of the parent or other person seeking relocation of the child.
(h) That the relocation is sought in good faith and the extent to which the objecting parent has fulfilled his or her financial obligations to the parent or other person seeking relocation, including child support, spousal support, and marital property and marital debt obligations.
(i) The career and other opportunities available to the objecting parent or other person if the relocation occurs.
(j) A history of substance abuse or domestic violence as defined in s. 741.28 or which meets the criteria of s. 39.806(1)(d) by either parent, including a consideration of the severity of such conduct and the failure or success of any attempts at rehabilitation.
(k) Any other factor affecting the best interest of the child or as set forth in s. 61.13.
Relocation issues can become complex and very emotionally intense. Be sure you find a Jupiter divorce attorney with specific experience handling move-away cases.
I am Divorced with Kids – Can I Move? | Jupiter Divorce
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George E. Gelb has over 30 years experience handling relocation and relocation defense. He was selected Palm Beach & Martin County’s Top Lawyers and voted a Florida SuperLawyer.