Can I move with my child after my divorce?

After your divorce is final, situations may arise that require one parent to relocate. Family circumstances and job opportunities sometimes require a move. Military members often need to move frequently. 

Florida law requires a parent to get court approval if he or she wishes to move more than 50 miles away from the child’s primary residence. This requires filing the appropriate court documents. A hearing may be necessary. 

Relocation when both parents agree

If both parents consent to the relocation, you still need to put the agreement into writing. The written agreement must include a parenting plan with a proposed time-sharing schedule for after the move as well as proposed transportation details. You must submit the agreement to the court, where a judge must review and approve it. 

Relocation when one parent objects 

If the other parent does not consent to the relocation, you must file a petition to relocate and serve a copy on the other parent. If the other parent files an objection, a hearing or trial may be necessary. The court must find that the move is in the child’s best interest. 

Relocation without prior court approval

When a child moves more than 50 miles away, this move may affect various aspects of your current parenting plan, such as the other parent’s visitation and time-sharing schedule. This, in turn, may affect child support payments and other plan provisions. Relocating without court permission is likely to violate the terms of your existing parenting plan and could result in court sanctions. 

Sometimes moving is unavoidable. As long as you have minor children, your priority is always to act in their best interests. Failing to do so could result in serious consequences for you and your relationship with your children.