Can I move out of state with the children after a divorce?
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Can I move out of state with the children after a divorce?

| Nov 12, 2020 | Divorce |

There are times when a St. Petersburg area resident gets a job offer they can’t refuse. But what happens if that job is located in another state? It can be a challenge for a parent to move to another state with their children. A parent who wishes to move a long way away from their children’s other parent can face an uphill battle.

Florida statute defines parental relocation

In Florida, a parent is not able to relocate more than 50 miles from their original location without permission from the court. Section 31.13001 of the Florida Statutes defines relocation of a parent as “a change in the location of the principal residence of a parent or other person from his or her principal place of residence at the time of the last order establishing or modifying time-sharing, or at the time of filing the pending action to establish or modify time-sharing.

The change of location must be at least 50 miles from that residence, and for at least 60 consecutive days not including a temporary absence from the principal residence for purposes of vacation, education or the provision of health care for the child.”

How a parent can relocate

Florida statute says that a parent can relocate if they have a written agreement from the other parent and any other person entitled to time-sharing with the children or if they are able to get a court order. A parent will have to prove that the move will be in the child’s best interest.

Contact a family law attorney

A parent who would like to relocate may find that an attorney who specializes in family law can be an important resource. An attorney understands the Florida laws that pertain to parental relocation and can help their client with the process.