How Can I Relocate With A Child In Florida?
Divorce can place a financial strain on a family. When one household becomes two, the expenses can generally double. You may go into debt from your divorce. You may have liabilities from the marriage that still need to be paid off. In some cases, spouses will have to declare bankruptcy. This could force them to move elsewhere to retain a new job. In other cases, spouses want to move closer to their family so they have help with childcare. Whatever the issue, relocation may be necessary after a Florida divorce. However, spouses who relocate when there are children involved are subject to specific rules governed by the state. In this article, the Tampa child relocation lawyers will discuss the rules of Florida when it comes to relocating with a minor child.
Florida’s child relocation law
If you don’t have any minor children, you can move wherever you want and the state will have no say on the matter. However, Florida Statute Section 61.13001 requires that any spouse who wants to move more than 50 miles away from their current home has to either have permission from the other parent or the court. In addition, the move must be for more than 60 days. You wouldn’t have to report the move or get consent if you were on a long vacation.
The consent of the court or the other parent
Parents who are planning on moving more than 50 miles away from their present location will need permission before they move. The parent will either need to get the consent of the other parent or prove to the court that the move is justified.
The simplest way to manage the situation is to get the consent of the other parent. You and your former spouse will want to sit down, discuss the matter, and hammer out a new timesharing agreement based on the relocation. The court will take no issue with a relocation when the other parent signs an agreement saying they consent to the move.
If the other parent refuses to give their consent to the move, then the only way to legally move is with the court’s permission. The petition must be properly prepared and served to the other parent or the court will deny it. You will also need to prove to the court that the move is in the best interests of the child. If you have to petition the court because the other parent refuses to sign, then your best bet is to have a skilled Tampa divorce lawyer representing your interests.
If you decide to move without the consent of either the parent or the court, you could be charged with kidnapping. That’s something you really don’t want as it could impact your custody rights and leave you facing criminal charges.
Talk to a Tampa, FL Child Relocation Attorney Today
Faulkner Law Group, PLLC represents the interests of Tampa, FL residents who are attempting to relocate with a child. Call our Tampa family lawyers today to schedule an appointment, and we can begin preparing for your relocation petition right away.
