On behalf of South Tampa Law Group on Friday, May 4, 2018.
Life continues to change, even after a Florida divorce is final. What worked for you at the time your divorce was finalized may no longer be effective for you, and sometimes, this may mean you need to move. If you are moving more than just a short distance away from where you currently live, you may need to consider how that will impact your custody and visitation agreement.
Depending on the terms of your custody order, you may not have the right to simply move with your child without the appropriate permission. If you are the custodial parent, you must seek the appropriate permissions to relocate with your child. If you need to move and have concerns about how that will impact a custody order, you will find it beneficial to seek a complete explanation of your legal rights.
How does relocation work?
One of the main concerns with relocation is how the distance will impact the child’s relationship with the non-custodial parent. Courts are concerned with allowing a child to maintain a strong relationship with both parents, and a relocation could change that.
There are cases in which both parents may agree to a relocation, but often, there are sharp disputes between parties about a potential move. If you need to move due to a job, proximity to family or other reason, you may be able to do so with the following:
Notice and consent: This requires you to give the other parent notice, which will allow the other parent to have enough time to respond to the potential move.
Express consent: This is an agreement between parents that allows the relocation, and it typically involves a visitation schedule that implies consent from the non-custodial parent.
Providing proof: A court may want you to provide definitive evidence of the need and benefit of the relocation, such as a new job, better cost of living and other reasons.
With a relocation will come changes to a visitation schedule and in some cases, possibly a modification to a custody order.
Dealing with family law concerns
If you need to relocate as the custodial parent and you are unsure of how to obtain the appropriate permission to do so, you would be wise to seek help. When it comes to complex family law concerns, you do not have to navigate these matters on your own. A complete evaluation of your case can help you understand how to achieve your goals.