What You Need To Know About Post-Divorce Relocation With Children In Florida

In this article, you will learn:

• Why we include relocation clauses in divorce filings.
• The basis the state uses to grant relocation petitions.
• Difficulties associated with post-divorce relocation with children in Florida.

Is It Possible To Include Relocation Notices Or Modifications To A Custody Order When Filing For A Divorce?

We always try to include a relocation clause in our clients’ divorce filings. Since post-divorce relocation with children in Florida is complicated, doing so makes things easier in the long run.

Courts generally abide by a norm wherein if one party is to move by more than a particular distance and is going to take the child, both parties have to approve of it. If not, they would need to go to court.

Can Courts Enforce An Informal Relocation Agreement?

Generally, courts will not enforce informal, often verbal, agreements. Instead, they tend to believe that it is not substantial if it is not in writing. People can and do change their minds on a whim.

Obviously, you will still have to go to court and argue why the relocation would be in the child’s best interest. If so, “We agreed to this, we just didn’t write it down.” will not be a good defense in any court of law.

Will I Have Problems Getting A Relocation Approved If I Have Joint Custody With The Other Parent?

Post-divorce relocation with children in Florida is difficult in most situations. To do so, you must have a good reason. You have to prove doing so is in your child’s best interest.

It will always be challenging to argue that it’s in the child’s best interest to separate them from the parent they spend half their time with. This is not to say that you cannot successfully do so. It is merely a look into how the court views these situations.

Is There Anything In An Uncontested Divorce Regarding Relocation Clauses I Should Be Mindful Of?

Sometimes, people just want to get a divorce immediately without any worry about the future.

When we create a parenting plan, we try to explain that this is something that parents should try to keep in place for the remainder of the time their child is legally a child. As such, we encourage our clients to always put their best foot forward.

Otherwise, we always make it clear if something needs to be changed – because the two parties cannot agree, it will be decided through the court. If they can agree, getting involved in court is unnecessary.

This is why we include a relocation clause in divorce filings to clarify that if either party wants to relocate, they must go through the court. Of course, nobody knows if or when they will divorce or whether they will move in the future. Requiring approval from the court keeps things fair and transparent.

For more information on Post-Divorce Relocation With Children In FL, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (407) 305-5599 today.