The mother or father of your children may decide to move away, possibly even out of state, and try to take your children with him or her. In Florida, however, there are certain rules regarding child custody and parental relocation. If your spouse plans to move out of state with your children, you should familiarize yourself with the options available to you.
If the prospected move takes your spouse and children more than 50 miles away, he or she must obtain written agreement from you or file a Notice of Intent to Relocate. If you do not agree to the move and/or projected changes to your visitation times with your children, the court will consider all relevant information when making a decision regarding the move.
In the case of your objection to the move, your spouse must submit a petition detailing the address of the new home, date of the move, reasons for moving, and proposed visitation schedules. You must respond to this petition to properly contest the move; failure to respond can result in the judge’s support of the move (because you have given no reason for he or she to act otherwise).
Once you have responded to the petition, the judge will consider all information and make a decision based on the best interests of your children. Your spouse must argue in court that the move will have a positive effect on your children and not cause any emotional trauma that would otherwise not occur. Your children, too, will be given the opportunity to state their preferences for moving or staying. Once all information and testimonies have been given, the judge will decide whether or not to allow the move.
Divorce attorneys in Tallahassee, FL, like Matt Liebenhaut, can help you act in the best interests of your children. Our office will fight to protect your rights as a parent and help you provide your children with a situation beneficial to them.