If you have dissolved your marriage and are now co-parenting and are following a time-sharing schedule, it may be difficult to move with your minor children, if the other parent objects to you moving. The laws vary from state to state, but in Florida, there are very strict guidelines that must be followed for a parent to be able to relocate with the minor children.
In order to avoid any problems in the future, even if there is an agreement to the relocation, you want to be sure that you follow the rules in the statute. Get your parenting plan and agreement memorialized in the court file. Most people do not want to pay the expense and take the time to do the relocation process “legally correct” when the both parents agree to the relocation. Beware, there are so many problems that can cause the Judge to make you return to the place you moved from if there is an objection raised AFTER you relocated. Yes, after you quit your job, sold your house, enrolled your children into a new school, if you did not follow the proper procedure, and the non-relocating parent changed their mind, if you did not follow the proper statutory procedure, you may have to return.
If there is an objection to the relocation, you will have to prove that it is in the best interest of the children to move. “My new spouse lives in New York” is not a reason in itself for a relocation, that may be best your YOU, but the court is concerned about your child or children. The statute provides the specifics required to be in your Relocation Petition and it also provides you with factors that the court will consider while weighing the evidence and making the determination if the relocation is in the best interest of the children. Relocation is one of the most difficult issues in Family Law for the courts to deal with; this is not the type of case you want to litigate on your own. It would be best to have an experienced attorney, and guardian ad litem for the child or children, to assist the court in making a ruling in your favor. At Schwam-Wilcox & Associates, we are here to guide you.
