What Happens When a Parent Wants to Relocate?

Should a divorced parent try to move with their child out of town, what happens? Evidently, the procedure is fairly simple in terms of demonstrating to a family court that the move is being made, should the other parent approve. There are, however, cases in which a parent wishes to relocate out of town, yet, for whatever reason, the other parent disapproves of the move.

During a divorce, whether he or she wishes to take a child out of state on a trip, Florida law does not ask a parent to seek the consent of the other parent. But if it breaches the new custody agreement to take the child out of state, then the parent would need to seek the other parent's written consent before that could happen.

How many miles can a custodial parent move?

Since child relocation is lasting, the expectations are higher for the parent to indicate that the move will be good for the child. The destination where the parent wishes to travel in several states is a considerable factor in whether the move will be permitted to proceed. The explanation is that the farther away one parent and child travel from the other parent and other members of the family, the fewer the odds of the move being considered beneficial.

That’s not to suggest that judges won't authorize a parent to move to a state deemed far, but it does mean that the parent will need to provide valid reasons as to how such a move is in the best interest of the child when the distance is factored.

Some of the reasons a custodial parent may be authorized to move include:

  • Personal health or medical concerns
  • Proximity to family for support
  • New job opportunity or education
  • Quality of life

This update is provided by Rafool, LLC. We have a strong reputation throughout Florida and we have numerous years of experience representing clients involved in complex divorce cases as well as other family law matters. If you are planning a move, contact our Miami Florida parental relocation attorneys to make sure you have proper clearance.

Should you have any domestic or family issue, we are here to assist you by providing educated advice and skilled, professional advocacy. Call 305-567-9400 for a consultation.

This information is provided for educational or informational purposes only and should not be construed as legal advice. The information is not provided in the course of an attorney-client relationship and is not intended to substitute for legal advice.