Relocation can be a complex issue within family law involving children. Florida statutes guide whether you are allowed to relocate with your child. Relocation is defined as moving more than 50 miles (as the crow flies) from where you lived at the time of the last court order. If an initial custody case is filed with the Court, then you must comply with the relocation statute, and obtain the written permission of your spouse or the court before you can move. If there has been no previous custody action with the Court, then the parent may relocate with the child. If they relocate, the child may be subject to return to Florida if the other parent files for divorce in Florida and it would be in the best interest of the child to return.
Factors a court must consider for relocation include quality of life for both the parent and child, reasons for relocation, employment and economic circumstances, and career opportunities for the parent. A court will also consider the best interest of the child which includes relationship with siblings, relationship with parents, needs of the child, and history of domestic violence or drug abuse, and several other important factors.
If you relocate in violation of Florida statutes, you can be subject to be held in contempt of court, face financial penalties, and even jail time. If you are considering relocating with your child, please give us a call at 954-344-7737 so we can assist you through the process.
