Our West Palm Beach Divorce Lawyer Explains Relocation During Divorce
Recent blogs answered common questions about Florida time-sharing laws during a divorce. Much more can be said about how child custody, called parental responsibility in Florida, works during a divorce case, as there are many types of issues that may arise. One common issue involves relocating children during the divorce. There are a handful of reasons why Florida divorce courts may approve a relocation request.
What Is Child Relocation?
In a Florida divorce, child relocation occurs when one parent moves 50 miles or more from his or her current residence for 60 or more days. Relocations are not temporary, such as traveling to another state for medical care or vacation. These are long-term moves that often entail permanently moving to a new state for another job, romantic partner or personal reason. However, not all relocation requests involve moving out of state.
Good Reasons to Relocate a Child
Florida divorce courts only approve relocation petitions under certain circumstances. You must demonstrate the relocation would be in your child’s best interest and would not cause undue hardship to the other parent. Other factors could come into play.
Below, our West Palm Beach divorce lawyer discusses some of the most common reasons for approving a relocation request.
Domestic Violence Is Involved
Domestic violence is perhaps one of the most common reasons why divorcing spouses may attempt to relocate their children. In a divorce case, Florida courts are ultimately concerned with the best interests of the child. If you can demonstrate evidence of physical or sexual abuse, neglect or abandonment, then a court may grant your request to relocate your child.
There Was a Change in Financial Circumstances
Have your financial circumstances significantly changed? Florida divorce courts may grant your request to relocate. Your economic situation has an effect on your child’s wellbeing. In fact, a change in financial circumstances is a common reason Florida parents petition divorce courts to relocate.
If your job relocated your position or you can demonstrate there are better job opportunities in another state, then a Florida divorce court may approve your request. The court will base its decision on the needs of your child or children.
You Remarried
Remarriage is a very common reason why some people move to another state. In some cases, the new spouse’s job may be in another state, which could necessitate a move. You may be able to petition the court to join your spouse in another state, or if your spouse’s job moved to another state. Additionally, you may also be able to relocate elsewhere in Florida for the same reasons. Courts will consider what is in your child’s best interests.
You Want to Be Near Extended Family
Your family members may have offered to help take care of your children. In some cases, the court may approve a request to be near extended family. If you can demonstrate the move would benefit your child and would not cause undue hardship for your ex-spouse, then you may be able to relocate.
Will The Court Approve My Child Relocation Petition?
The court may or may not approve the petition. Florida divorce courts consider a multitude of factors when weighing their decisions. Some of those factors include:
- The child’s age
- Whether the destination is in-state or out of state
- Whether the relocation request violates an existing time-sharing schedule
- The state of the relationship between the child and the parent who is not moving
- The financial and emotional stability of both parents
- Whether one parent gave express consent to relocate
- Whether the other parent filed a motion to block the move
- Whether you gave a good faith reason for moving
- Whether there is a history of child abuse, neglect or abandonment
Our West Palm Beach divorce lawyer could review the specifics of your case. We can help you determine potential options for modifying an existing time-sharing agreement, if there are any options. You can schedule a consultation with us by dialing (561) 677-8090 or by using the contact form on our site.