Evaluating Your Relocation Options After Divorcing With Children
At the Law Firm for Family Law, our Clearwater, Florida family law attorney understands that divorce is a life-changing experience for everyone involved. When you have children, the clear focus becomes providing them with the best of both of their parents’ worlds while still trying to maintain your individuality.
As time goes by, everyone adapts to the new family dynamic, following parenting plans and decision-making procedures that provide the support and guidance that allows the children to thrive. Since this is real life, the kids’ lives aren’t the only ones that evolve as time passes.
You may find an opportunity to advance your career with a new company or even remarry. These prospective life decisions can be complicated further when their success requires you to move. Then, the more important factor becomes, can you relocate with your children?
What Are The Relocation Laws In The State of Florida?
Our Pinellas County relocation attorney is asked this question quite often, and the Florida Laws that govern whether or not you can move your children away from their other parent are clear: One parent may not move beyond 50 miles with their children without the expressed consent of either the other parent or the court.
Relocation With Consent In Clearwater, Florida
If you have an open relationship with your children’s other parent, simply discussing your relocation options with him or her may be the start of a consensual agreement. In some cases, parents can openly agree on many things regarding their children without contention. If this is your scenario, both parents will simply need to record the complete details of the relocation agreement in writing and submit it to the court for final approval before you can move.
Sending A Relocation Request Notice To The Other Parent
The reality of divorce is that not all parents have an open, agreeable relationship. Small requests may seem like huge asks, which means that even entertaining a relocation request may not be something that happens face to face.
In this case, one parent may send a formal notice to the other parent, outlining the proposed details of the relocation. The recipient has 30 days after receiving the notice to decide whether to agree or object to the request.
The two possible responses to the request include:
- If the other parent objects to the relocation, s/he must file a written objection with the court, and a hearing will be scheduled to review the case
- If the other parent does not respond with a filed objection, the court will generally approve the relocation request
The Details Matter In Clearwater, Florida Relocation Cases
If your case heads to court, which is typically the result of relocation requests in Florida, the details of your move must be plainly outlined in our case to achieve success.
Those details can include:
- The exact reason for the move: This can include better education options for the children, a new job that will provide a better life for the family, or be closer to extended family, to name a few
- Where the family will live
- Where the children will go to school
- How the other parent will spend time with the children
- Who will pay for travel expenses when visitation occurs
- Any child support modifications necessary to cover travel costs
Each relocation request is unique. If you believe your children’s other parent is going to object immediately — no matter how near or far you plan to move — it is imperative to have a relocation lawyer involved right away, so your chances of success increase.
As your relocation attorney, we will:
- Prepare the Petition for Relocation paperwork required by the Florida Family Courts
- Authenticate the necessity of your move
- Establish the facts regarding your role as the primary parent
- Describe the details of the move and the children’s lives once it is complete, including a clear parenting plan
At The Law Firm for Family Law, we will provide the guidance you need to outline evidence about the other parent’s current role in your children’s lives that will bolster your case while outlining the benefits for your children.
Contact our relocation attorney in Clearwater, Florida today to learn about your options by calling (727) 619-1341, so you can stop worrying about the unknown and begin planning for your future.