Post Divorce: Relocating with Children

Divorced and want to relocate with children?

The Judge decided it was in the children’s best interest to live with you. He granted visitation rights on weekends and vacations to the other parent.

This decision is not ironclad and does not allow you to relocate with the children at your sole discretion. The restrictions on your freedom to move and to settle somewhere can be justified by two essential elements:

  • Maintaining the child’s his living conditions as stable as possible. Relocating a child creates more distance between him and the other parent, and implies changing schools and his whole environment.
  • The other parent, though less present, remains a parent and is entitled to maintain normal and close relationships with the children

In Florida, any relocation beyond a 50 miles of the children’s residence requires the authorization of the other parent or court.
To get such authorization, the petitioning parent must demonstrate how relocation:

  • Is unavoidable due to a major change of life circumstances, such as a new employment.
  • Is not contradictory to the children’s best interest.
  • Does not unreasonably interfere with the rights of the other parent.
  • Accommodations will be made to the new circumstances.

Moving the children abroad is even more complicated. Indeed, beyond the previously mentioned points, the relocating parent will have to obtain a signed authorization from the other parent to travel with the children, and again every time the children’s passports require renewal.

The expertise of a specialized attorney in this type of procedure is highly recommended to avoid a long and, more often than not, a very aggressive procedure. Contact Boyer Law Firm, P.L. for an assessment of your post divorce relocation needs.

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