Once your divorce case is over, you likely hope that you never have to go into the courtroom again. However, if you have minor children and you want to relocate to a location that is 50 miles or more (unless your divorce decree sets forth a different distance) from where the child currently resides, you may be required to obtain court approval to do so.
When a parent wants to move more than 50 miles from the child’s current location, the parent must either obtain written permission from the other parent or an order allowing it from the court that heard your divorce case. What is required in the written permission? Although drafting an agreement an having the other parent sign it may be sufficient, it is much wiser to seek an order approving the agreement from the court allowing the relocation. The process is simple, quick and it can save you a lot of money, time and hassle in the future if the other parent raises a fuss after the relocation.
If the parents are unable to reach an agreement regarding the child’s relocation, the parent seeking to relocate must file a petition with the court and serve it on the other parent. The petition must provide the court with detailed information regarding where, when and why the relocation is necessary. Additionally, the petition should set forth how a steady relationship with the other parent will be maintained after the relationship. However, if the other parent has failed to maintain a relationship with the child since the divorce or has failed to remain current on child support payments, these issues should be explained to the court.
Remember, the most crucial thing a court will consider in deciding whether to grant a request to relocate is the best interests of the child. Florida courts start with the assumption that it is in the best interests of a child to maintain a relationship with both parents. A seasoned family law attorney can help you determine the best strategy for presenting your plan to the judge. In fact, relocation requests should never be attempted without the assistance of experienced legal counsel. It is a technical matter and you want to get it right the first time around.
Contact the knowledgeable attorneys at the Men’s Divorce Law Firm. Our office is located in Orlando, Florida, but we proudly serve husbands and fathers across the State.