Relocating with Children After Divorce
Moving to a new city with children after a divorce involves more than just packing boxes. It can result in a legal challenge for parents in Florida. State laws set clear rules about when and how a parent can relocate with their child and the steps that must be followed if the other parent objects to the move.
What the Law Says
Under Florida Statutes, a parent can’t just pick up and move with the kids after a divorce. Relocation is a move with children that impacts the other parent’s ability to exercise time-sharing. If you plan to relocate more than 50 miles from where the children live, you must follow specific steps, including notifying the other parent and potentially getting court approval.
Notice Requirements
If you want to move 50 miles or more, you must serve the other parent with written notice at least 60 days before the proposed relocation date. The notice must include your current and proposed new address, the date you plan to move, a proposed revised time-sharing schedule, and a statement advising the other parent that they have 30 days to object to the move. Also, state that failure to object can be treated as consent. Without this notice, you risk serious consequences. The other parent can file a motion to enforce the visitation schedule, object, or request an emergency hearing.
What If the Other Parent Doesn’t Agree?
Many parents assume they can relocate because they have primary custody. Not true. You’ll enter litigation if the other parent objects within 30 days of receiving notice. The court will consider several factors when making a decision.
Significant Change in Circumstances
If you didn’t foresee the need to move at the time of your divorce or prior hearings, like a new job, remarriage, or health needs, you’ll need to prove that change.
Best Interests of the Child
Florida judges use a 10-factor test that considers everything from how the move affects your relationship with the other parent to the child’s preference if the child is old enough to express a reasoned opinion, to the child’s relationship with extended family.
Proposed Parenting Plan
You’ll need to submit a detailed, realistic parenting schedule that shows how the non-relocating parent can still have meaningful time, even if it’s more creative, like extended visits during summer, block weekends, and virtual time.
This process can drag on for months and be emotionally draining, as you navigate expert reports, custody evaluations, and hearings.
Longer-Term Visit Schedules
Once the court approves relocation, any new schedule often becomes permanent. Your proposed schedule must be practical and considerate of the other parent’s relationship with your child.
Schedules might include extended holidays, virtual time, and midweek talking time. If you move far, the non-relocating parent may get more extended holidays and summer visits. Skype, FaceTime, or Zoom calls may become regular occurrences to increase communication. A long-distance move often includes a midweek video check-in. Courts will want to see your proposal as fair. If it’s unrealistic, that could hurt your case.
Timing Is Everything
Timing during litigation is critical. Never pack or move without the other parent’s written agreement or court approval. A judge can order you to return with the child, creating a new layer of legal problems. After moving, the court may require you to revise child support, travel coverage, and other expenses tied to time-sharing. The non-relocating parent might also move for modification of child support. In rare instances like domestic violence, Florida does allow relocation without the other parent’s consent or the usual notice. But you must still inform the court and the parent, as soon as it’s safe.
Child Support Adjustments
A new location affects visitation and can trigger changes in child support. A move may result in a different cost of living. Housing, daycare, and health coverage may cost more, creating a need for more support. Longer travel distances mean more gas, airline tickets, and lodging costs, which are often factored in. When the court updates a parenting plan, it may reopen the child support guidelines to account for those variables. You might pay more or less depending on your new overall financial picture.
If the Non-Relocating Parent Refuses to Cooperate
Moving after a divorce can often lead to problems between parents. One parent may refuse to follow the court-ordered schedule, like not showing up to pick up the child or skipping virtual visits. If this happens, the other parent may need to ask the court to step in by filing a motion for contempt. It’s important to bring proof to court, like written statements, affidavits, and calendars showing missed visits or other problems. Being organized and prepared can make a big difference.
Building a Strong Relocation Plan
You can follow several steps to help your case and reduce conflict.
- Talk to the other parent- A conversation with the other parent might help to avoid costly court fights.
- List specific reasons- Job offers, health resources, or extended family support weigh heavily in court.
- Create a detailed parenting plan- Include travel calendars, virtual time, reasonable holidays, and daily schedules.
- Be fair- Meaningful access for the other parent doesn’t just look good in court; it’s suitable for your child, too.
- Consult a Florida family law attorney- The paperwork is specialized, and deadlines matter.
Protect Your Rights to Relocate after a Divorce with Treasure Coast Legal
Moving with children after a divorce in Florida can be legally complicated and emotionally stressful. Whether you need help getting court approval, creating a new time-sharing plan, or dealing with an uncooperative co-parent, Treasure Coast Legal is here to help. We’ll protect your rights, your child’s best interests, and your peace of mind. Contact us today at 772-837-6860 in Stuart or 772-677-1814 in Port St. Lucie for a free consultation.
