Relocating With Children After A Tampa Divorce: What Florida Law Says
After a Tampa divorce, one of the parents may consider relocating to another area. Moving can help them make a fresh start, be closer to family, pursue a job opportunity, or reduce their living expenses.
However, when children are involved, Florida law doesn’t allow one parent to pack up and move without going through a legal process. Our Tampa child custody lawyer explains what you need to know if you are considering relocating with your child.
Florida Law on Parental Relocation In Tampa
Under the Florida Statutes, relocating with a child more than 50 miles from the current residence for more than 60 consecutive days requires either the written consent of the other parent or court approval. Relocation without proper permission can result in legal penalties, including changes to the custody arrangement or even contempt of court.
The court’s primary concern in these cases is the best interests of the child. Situations that commonly lead to relocation requests include:
- Job promotions or transfers that require moving to another city or state;
- Returning to a home state to be near extended family or support systems;
- Pursuing educational opportunities or a better quality of life;
- Remarrying and moving to join a new spouse in another location;
- Seeking a more affordable cost of living after divorce.
If both parents agree to the relocation, they must sign a written agreement that includes the new location, revised time-sharing details, and transportation arrangements. You then need to get this agreement ratified by the court.
What Happens If the Other Parent Objects to the Move?
If you are considering a move but the other parent objects, you can file a Petition to Relocate through the Hillsborough County Court. The court will schedule a hearing and evaluate whether the move serves the child’s best interests. Factors a judge is likely to consider in deciding whether to approve your relocation request include:
- The child’s relationship with both parents, siblings, and other important people.
- The impact of the move on the child’s development, including school, health care, and community ties.
- The ability to maintain a meaningful relationship with the non-relocating parent.
- The child’s preference, if the court finds the child mature enough to express a reasonable opinion.
- Whether the move will enhance the quality of life for both the parent and the child.
- The reasons for and against the move, including whether the relocation request is made in good faith.
Contact Our Tampa Child Custody Lawyer Before Making a Move
Relocation after a Tampa divorce isn’t just a personal decision; it’s a legal one as well. Whether you’re seeking permission to move with your child in-state or across the country, the stakes are high and the law is clear.
At Bubley & Bubley, P.A., we help parents successfully navigate the relocation process, protecting their rights and their child’s well-being. Don’t take chances when it comes to making a fresh start. Before taking any action, contact our office and schedule a consultation with our experienced Tampa child custody lawyer today.
Sources:
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.13001.html
flcourts.gov/content/download/685921/file_pdf/950d.pdf
