By Kenneth V. Mundy, Florida Divorce Attorney
Divorce is a time of massive transition when significant decisions are being considered and made. One question might be whether you can move out of state with your children during or after your Florida divorce. The short answer is maybe, but you must have court permission and consent to do so, and this is not always easy to obtain. There are several other legal issues relating to relocation during your divorce, so it is best to contact a Naples FL marital and family law attorney to advise you and cover all your bases.
More than 50 Miles Away
In a Florida divorce, a parent who wants to move a child more than 50 miles away for more than 60 days must lawfully inform the other parent and obtain consent. Otherwise, a court order must be obtained if the other parent does not give their consent. If you have questions about relocation out of state in a Florida divorce proceeding, contact the family law attorneys at Woodward, Pires & Lombardo (WPL) in Naples who have significant experience in these legal matters.
Relocation Defined
Florida Statute §61.13001 clarifies how and when relocation of a Florida parent is allowed. Additionally, you may not be able to move out of the state even if you are not taking your children with you. The defines “relocation” as:
“…change in the location of the principal residence of a parent or other person from his or her principal place of residence at the time of the last order establishing or modifying time-sharing, or at the time of filing the pending action to establish or modify time-sharing. The change of location must be at least 50 miles from that residence and for at least 60 consecutive days, not including a temporary absence from the principal residence for purposes of vacation, education, or the provision of health care for the child.”
Therefore, a party to a divorce must get the Court’s permission to move more than 50 miles from the home address listed in the most recent court order. The purpose of this statute is to protect children from being unnecessarily removed from their environment and uprooted from their homes and to avoid long distances, and hardship on family members.
Consequences of Unlawfully Moving Out of State During Your Florida Divorce
The statute further advises:
“Relocating the child without complying with the requirements of this subsection subjects the party in violation to contempt and other proceedings to compel the return of the child and may be taken into account by the court in any initial or postjudgment action seeking a determination or modification of the parenting plan or the access or time-sharing schedule….”
As you can see, moving away with your child without an agreement, consent or court order is much more severe than you may have previously realized and could result in disaster for you and your child.
Relocation by Agreement
However, you and your spouse could reach an agreement as to relocation. In this case, a judge will consider your agreement and several factors:
• Can a meaningful relationship be maintained?
• The specific area the moving parent is going, the reason, and whether the quality of life for both the children and parents will be enhanced due to the move.
• Age and academic issues will also be discussed as well as the child’s activities in the community.
• How the move will affect the child’s physical and emotional health and well-being.
• Reasons for the move or reasons for objecting to the move.
• Specifics of the relocation in terms of the date, place, transportation, and plan for mutually agreeable time-sharing.
The agreement must be in writing and filed with the Court. The agreement must include the visitation schedule and how the transportation of the child is handled. Additionally, if any other party has visitation rights, like a grandparent, that party will have to agree to the relocation in the written document as well.
In the Best Interests of the Children
If no joint agreement by divorcing parties is reached, the parent seeking to relocate must file a petition with the court with various information, including the detailed reasons for the move, a description of the location including state, city, specific physical address and home phone number, the date of intended move, and visitation proposal as to all interested parties. The non-agreeing party must respond, or a hearing or trial will ensue. Keep in mind, the bottom line is family Law judges will always determine based on the child’s best interest.
Let us face it—timesharing between homes of divorcing parents is already a hardship for your children, even within the same town. Although extenuating circumstances may necessitate moving, adding extensive travel on top of this stress is likely not in the best interests of your children or you. However, if the situation arises, a move must be made according to the laws of the State of Florida concerning relocation, time-sharing and custody.
Our Team on Your Side
A divorce attorney at Woodward, Pires & Lombardo, P.A. can help you propose the best possible agreement putting your side of the story forward and representing you before the judge. You do not have to go it alone. Contact WPL today for a consultation regarding time-sharing, visitation, custody, or potential relocation due to your Florida divorce.
About the Author
Kenneth V. Mundy is a family law attorney with the law firm of Woodward, Pires & Lombardo, P.A. For undergraduate school, Ken graduated cum laude from Florida Gulf Coast University in 2013. Thereafter, Ken graduated summa cum laude from Ave Maria School of Law in 2016, obtaining his Juris Doctor. Originally from New Jersey, Ken moved to Naples, Florida, with his parents and sister in 1997. Ken continues to happily reside in Naples with his wife, Taylor, and son, Dallas.
Ken is a Certified Financial Litigator (CFL™) focusing on family and marital law, including but not limited to complex divorces, child custody disputes, child support and alimony issues, relocation, paternity actions, and domestic violence proceedings. Ken is committed to protecting, educating, and guiding clients through the difficult and challenging processes associated with family law matters. In every case, Ken ensures his clients are placed in a position to make decisions in the best interest of themselves and their families while maintaining their dignity and self-respect.
Ken was recently named one of The Best Lawyers in America®: Ones to Watch and as a Top Lawyer in Family Law in Naples Illustrated. Ken is also very involved in the community as he is on the Board of Directors for Meals of Hope and the Naples Junior Chamber, both of which are not-for-profit entities.
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