Can I Relocate With My Child After Divorce In Florida?
If you’re resolving post-divorce life in Tampa, you may be wondering, “Can I relocate with my child after divorce in Florida?” The answer depends on various factors, including legal requirements and the nature of your custody arrangements. This article will explain the relevant laws and considerations so you can make informed decisions for your family.
Understanding Relocation Laws in Florida
Florida law requires that a primary parent intending to move a child more than 50 miles from their current residence for at least 60 consecutive days must seek approval. This rule aims to protect the stability and best interests of the child. Relocation could significantly impact visitation schedules and parental relationships, so the courts take these matters seriously.
Steps to Take for Relocation
- File a Relocation Petition: Submit a petition to the court that includes specific details like the new address, the reason for relocation, and a proposed visitation schedule.
- Notify the Other Parent: The non-relocating parent must be formally notified, allowing them to object within 20 days.
- Court Review: If the other parent objects, a court hearing will be scheduled to review both perspectives and make a decision based on the child’s best interests.
For the full legal guidelines, you can refer to the Florida Statutes, Section 61.13001.
Factors Courts Consider for Relocation
Florida courts will evaluate several factors to determine if the relocation serves the child’s best interests:
- The child’s relationship with both parents and other family members.
- The impact of the move on the child’s emotional and educational development.
- Each parent’s reasons for seeking or opposing the relocation.
- Whether the move will improve the family’s quality of life (e.g., better job opportunities).
- The child’s preference, if they are of sufficient age and maturity.
The decision isn’t taken lightly, as the courts aim to ensure the child maintains a stable, loving environment.
FAQs
| Question | Answer |
|---|---|
| What if the other parent agrees to the relocation? | If both parents agree, they can draft a written agreement outlining the changes in visitation and submit it to the court for approval. |
| How long does the relocation process take? | This varies by case. If there’s a dispute, it could take several months. If uncontested, it might be quicker. |
| Can temporary relocations affect custody? | Yes, even temporary moves (longer than 60 days) require proper notification and consent. |
Local Resources in Tampa
| Resource | Contact Information |
|---|---|
| Hillsborough County Family Law Division | Family Law Division |
| Children’s Board of Hillsborough County | Children’s Board |
| Florida Department of Children and Families | DCF |
Relocating with your child after a divorce in Florida is a multifaceted issue, but you don’t have to face it alone. If you need legal assistance, Mindi Lasley P.A. is here to help. Located in Tampa, Mindi Lasley specializes in family law and can provide the support and guidance you need to get through these complex matters. To learn more, call (813) 873-9047.