Relocating with Children in a Divorce

A question that comes up frequently in Florida family law practice is, what happens when one parent wants to move? There are lots of reasons one parent may decide to relocate. Whether it is to be closer to other family members, for a work opportunity, or due to the cost of living in the area. If you are facing divorce and there are minor children involved then you may need prior court approval to relocate.

When does the Relocation Rule Apply?

Florida Statute § 61.13001 (1) (2023), contains specific requirements when a parent, or any person with rights to time sharing with a child, desires to move. The relocation statute applies when:

(1) the move is for at least 60 consecutive days as opposed to a temporary absence such as a vacation;

(2) The move is at least 50 miles in distance (as the crow flies) from the parent’s prior address.

 If you meet this criteria, its imperative to comply with the relocation statute and petition the court to approve the relocation prior to making a move. If a party fails to obtain court approval to relocate that party could be held in contempt of court or ordered to return the child. 

Can the Parents Agree on the Relocation?

The easiest way for one parent to relocate is with the approval of the other parent (or anyone entitled to time-sharing with the child) for the move. If both parties agree they can enter into a written agreement. The written agreement must:

(1) Clearly state that you both agree to the relocation.

(2) Set forth a time-sharing schedule for the non-relocating parent.

(3) Detail transportation arrangements necessary to make the new time-sharing plan work.

The written agreement, once signed by all parties, must be filed with the court and approved by court order.

What Happens When the Parties do not Agree?

absent an agreement between the parties, the party seeking to relocate must file a formal petition requesting permission to relocate with the court. The petition must include specific details of the relocation and reasons for the move and must be served on the other party in accordance with Florida law. You should consult with a Florida family law attorney who can assist in the preparation and filing of your petition.

The court will consider the best interests of the child in making its decision on whether or not to approve the relocation. These considerations include but are not limited to:

• The child’s age and developmental stage;

• How the move might affect the child’s educational, physical and emotional development;

• Whether the move will improve the child’s and moving parent’s quality of life;

• The current employment and ecconomic circumstances of each parent;

• The reason’s each parent has for seeking/objecting to the relocation;

• Any history of domestic violence or substance abuse by either parent;

• The relationship between the child and each parent, as well as siblings and other significant people in the child’s life;

• The child’s preference (depending on child’s age and maturity).

If you or the other parent of your child are seeking to relocate you should consult with an attorney to discuss all issues involved in relocation with a minor child. Cody Law can help you navigate the process. Call or e-mail us for a consultation.

Eve Cody

Should I Move Out of the Marital Home?

During a Florida divorce many people are faced with the conundrum of whether to stay in the marital home. While there is clear-cut answer to this question there are several factors that should be considered in reaching a decision:

Safety

The first consideration should always be any personal safety risks involved in continuing to cohabitate in the family home. If the environment is unsafe it is important to get out of the situation and find other accommodations immediately.

Are There Minor Children Involved?

If there are minor children of the marriage, it may not be ideal to move out of the family home until the court enters a temporary or permanent parenting plan, outlining how each parent will split time with the children. If you need to move out prior to an official order on timesharing, you should at a minimum have an informal arrangement agreement in place with your spouse for each parent to maintain timesharing with the minor children. Moving out could potentially have an impact on the Judge’s decision on parental responsibility and timesharing, if your case makes it to trial. The Judge will consider the reasons for leaving the home and your continued contact or lack of contact with the children following the move.

Do You Intend to Keep the Marital Home?

If you plan to keep the marital home, moving out may not be in your best interest and the court could construe the move as abandonment.  If it’s likely you and your spouse will fight over who should be awarded the home, staying under one roof may be helpful in maintaining a strong claim to the property.

Short Term Expenses

Staying under one roof has it’s advantages.  While it could be uncomfortable to live together during the divorce, it will keep your short term costs lower.  unless you have friends or family who are willing to let you stay with them at no cost, you will most likely need to pay rent, utilities and other living expenses on a new living space, in addition to costs on your marital home. Consider your resources and whether moving out during the divorce is feasible.

Access to Personal Items in the Home

Moving out of the marital home will limit your access to and control of items of personal property within the home. If you leave the home you should make a list of items of personal property and photograph/video items in the home to help with division of marital assets.

Ultimately, there are many factors that should be taken into consideration when making the decision of whether or not to remain in the marital home. Cody Law can help guide you in making this difficult decision. Call or e-mail us for a consultation.