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Relocation After Divorce


When parents with minor children divorce, the court is required to enter an order  including a parenting plan with a timeshare schedule among other things. In the years that follow, it is likely that at least one of the parents will plan to move out of the geographic area. Because of the impact of a move on the timeshare schedule, Florida Law requires that a parent seek court permission to relocate more than fifty miles. The parents may agree to such a move and file a written agreement with a new timeshare schedule.  Otherwise, they must comply with the requirements of F.S. 13.13001.  If a moving parent does not comply, he or she may be held in contempt and forced by court order to return the child. 
As in all family law matters, the Court considers the child’s “best interest”  in authorizing or denying a move. The relocation statute requires very specific procedures.  The court’s order must address specific factors when it authorizes relocation.  A full evidentiary hearing may be required.  
If you are planning to move after a divorce, or if you have been notified that your former spouse is planning a move, you should consult with an attorney who understands this area of the law. Please call (386) 257-1222 to schedule an appointment with one of our qualified family lawyers. 

Posted January 27, 2015