When you want to relocate when filing for divorce and have minor children at home, there are a few extra steps you need to take. Below, we discuss what you should consider when relocating with your children during and after a divorce.
Relocation — Defined
According to Florida law, relocation is when someone moves at least 50 miles from their last known address for more than 60 days. The law states that parents who want to relocate with minor children cannot move unless the other parent consents to the move in a written agreement or the judge approves the relocation with a court order.
How to File for Relocation
When requesting to relocate during a divorce, making a written agreement with the other parent is the least time-consuming and easiest option. However, if you’re involved in a high-conflict divorce where you and your ex can’t agree on a relocation plan, you’ll need to file a formal Petition for Relocation with the court. The petition should include your new address, contact information, and tentative relocation date. The petition should include a proposed time-sharing schedule, transportation plan, and why you wish to relocate with the children. Your ex has 20 days to respond to the petition. After your ex responds, a formal hearing will be scheduled for a final judgment to be made. If they refuse to respond, the judge may grant your request without a hearing.
Modifying Time-Sharing After Relocation
If you plan to relocate, you must update your parenting plan. The time-sharing agreement should specify how often the children will spend time with the relocating parent. The parenting plan should also discuss how transportation will be arranged and who is responsible for associated costs. Florida’s new HB 301 law allows parents to request a modification of their parenting plan and time-sharing schedule if one parent moves within 50 miles closer to a child.
Relocating Before a Divorce is Finalized
It’s best to wait until after the divorce is finalized before moving. However, it sometimes can’t be avoided. If you need to relocate before the final divorce decree is finalized, you must submit a temporary order granting relocation to the court for approval. If approved, the final relocation ruling will be made when the divorce is finalized. Judges are not required to grant a relocation request in the final divorce decree just because a temporary order was made.
Child Support and Relocation
If the time-sharing schedule is updated, child support payments may also change. This is because child support is based on how many overnights the children spend with each parent. If relocation will impact the amount of overnights your children spend with the other parent, you can also modify child support.
Can a Judge Deny Relocation?
If you attempt to relocate your children without court approval, you could be held in contempt of court. Judges will always act in the child’s best interest when determining whether a relocation request will be granted. The judge will consider factors such as the child’s ability to maintain relationships with both parents, how relocation will impact the child, the cost and logistics of visitation changes, and potential life improvements to the child before determining whether to grant or deny the relocation request.
Alison M. Lopes: Osceola County Divorce Attorney
Time-sharing schedules, child support payments, and relocation requests can get challenging quickly. Don’t attempt to go through the process alone. Our experienced family law attorney, Alison M. Lopes, can help you through the Florida divorce process. Contact our office or call us at 407-442-2724 to discuss your case.