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Relocation – Florida Family Law

Florida family law encourages parents to share the rights, responsibilities, and joys of raising their children together. If a custodial parent moves 50 miles or more away from the primary residence, it may make frequent and continued contact with both parents unattainable. Therefore, Florida child custody law will require the relocating custodial parent to either: obtain written consent from the other parent or obtain court approval before relocating with the child more than 50 miles from the primary residence.

Consent From Other Parent:

The relocating parent must obtain written consent from the other parent and any other person with visitation rights prior to the move. The consent must be in writing and it must be specific. It must include the visitation rights of the non-custodial parent and describe the transportation arrangement for visitation. Furthermore, the consent must be endorsed by a Florida family law court before the parent relocates.

Court Approval:

If the non-relocating parent does not consent to the move, the relocating parent must go to court and get approval from a family law judge prior to moving. Failure to first get court approval can subject the parent to contempt of court, and other legal penalties are possible as well. In order to obtain court approval the relocating parent will have to prove beyond a preponderance of the evidence that the relocation is in the best interest of the child. In determining the best interest of the child the court will consider many factors such as:

  • Why the parent wants to move
  • The age of the child
  • The ability of the non-relocating parent to visit the child
  • Educational resources available at the new location
  • How involved the non-custodial parent is in the child’s life
  • The Impact the relocation will have on the child’s physical, educational, and emotional development
  • The employment and economic circumstances of each parent
  • The child’s preference
  • Distance the new location is from other family members
Speak to a Tampa Divorce Lawyer About Relocation & Child Custody

If you are a custodial parent who wishes to relocate, or a parent who wants to prevent a relocation, the professional legal team at Florida Law Advisers, P.A. can help. Our child custody attorneys have years of experience representing clients in relocation matters. We have a thorough understand of the law and use our skill in the courtroom to help protect our client’s parental rights. We understand how important child custody matters are to our clients and we work tirelessly to help ensure our client’s rights are protected. Please do not hesitate to contact us if you have questions about your child custody rights.

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