Even if you are the non-custodial parent, any time that you move away from your child, especially out of state, it is advisable to either get or keep an attorney on retainer. Why? There are several items that can influence your relationship with your ex-spouse and children that are a result of parental relocation.

First, if you are leaving the state for a different job, it could affect your spousal and child support payments, especially if you have been offered a more financially-sound job. Secondly, your decision to move away could affect your visitation rights. If you do have partial or joint custody of your children, you may be required to send them to live with your former partner/spouse for certain periods of time, like summer or winter holidays.

No matter what your reason for moving away is, it will definitely impact the legal and financial relationship between you, your former spouse, and your children together. It is best to discuss and make any legal arrangements before your move to avoid any complications later on down the road. You also want to ensure that you are in compliance with all of your divorce settlements.

Have questions pertaining to parental relocation?  Take the time to contact our firm and speak with a Jacksonville family lawyer.

The state of Florida recently enacted new laws that provide specific instructions for divorce or separated parents who want to relocate with their children.  These guidelines state that any parent who wishes to move 50 or more miles from their current home must:

• Obtain written permission from the other parent, OR
• Obtain a court order that permits the relocation

If the parents agree to a relocation, then the parent wishing to move can do so without involving the courts. However, if the parents do not agree on the relocation, the parent who wants to relocate must serve a Petition to Relocate to the other parent.  Once this petition has been served, the other parent has 20 days to file an objection.  If the other parent does not file an objection, the court will permit the relocation.  If the other parent objects to the relocation, the parent who wants to move must prove why the relocation is in the best interest of the children.

Failure to serve a petition and/or relocating your children without a court order or permission from the other parent will be considered contempt of court, and can result in a number of penalties, including:

• The court could forbid the relocation
• The court could alter your current time sharing arrangement
• The court could demand that you return the child
• The court could order you to pay the other parent’s attorney fees and any travel expenses incurred from visiting the child or returning the child