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How does relocation after a divorce with children work?

On Behalf of | Jun 2, 2016 | Family Law

After parties divorce, especially in this day and age, at least one spouse may relocate. It is almost inevitable if one party is military. The factors that the Court will consider are statutory in Florida. However, there is no rhyme or reason at times to be able to with certainty to advise a client that they will be able to move. Before the removal of standard parenting time for one parent, if the Primary Residential Parent (no longer called that as of 2008), wanted to move, it was typically granted. Since 2008, Florida has removed the term Primary Residential parent and now establishes parenting time. The parties are simply called Parents.

A parent, if there is a 50/50 timeshare schedule, is in my opinion going to have a more difficult time moving. That is not to say impossible. I have had cases where the Court allowed the moving parent, despite having 50/50 move out of the country with the child. The Court looks at the big picture. The Court if it allows the party to relocate with the child(ren), must establish an alternative parenting plan that will ensure the child’s relationship is maintained with the parent who is left behind. The Court will look at whether the parent who wants to move is flexible. It is subjective as to whether a party is being flexible.

There  is a requirement that if you relocate more than 50 miles (as the crow flies) from your residence held at the time of the final judgment, you must follow the relocation statute. Failure to do so, may result in your loss of parenting time.