Custody orders in Florida outline time-sharing arrangements and the division of parental responsibilities. Both parents usually have a reasonable amount of overnight time with their children.
Adhering to the schedule may become much more challenging when one parent must move some distance after the divorce. Parental relocations involving minor children often require the formal modification of existing custody orders.
Parents may need to agree on the move
Some parental relocations are relatively minor. A parent who previously rented during the divorce may use the property division settlement to fund a home purchase in the same school district. A parent who has started a new romantic relationship might move in with a new partner a few miles away.
However, if the relocation takes the children 50 miles away from their current residence or out of Florida, then the consent of the other parent may be necessary. Parents can work together to modify custody orders to reflect a relocation when one parent needs to move.
If they cannot reach an agreement, then the matter may need to go to family court. Judges hearing contested relocation cases must make determinations in the best interests of the children. They have the ability to approve a relocation and modify a custody order accordingly or deny a petition to move away with the children.
Working with an attorney to build a strong relocation custody case is beneficial for parents hoping to move and those concerned about proposed moves. Adherence to state requirements regarding advance notice and proof of how the move may impact the children can influence the outcome of relocation disputes.