The Law Offices of Eve McClurg

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(239) 334-4383

Call Now For A Free Case Evaluation (239) 334-4383
The Law Offices of Eve McClurg
Relocating With A Child After A DivorceThis article will cover:

  • Relocating with a child during divorce proceedings.
  • Enforceability of informal agreements regarding relocation.
  • Filing a petition for relocation and court approval requirements.
Can I File For Relocation With The Divorce Proceeding?

If you need to move more than 50 miles away from your current residence during a divorce proceeding, we can include a petition for relocation along with your petition for dissolution of marriage.

Can Our Informal Relocation Agreement Be Enforced?

Unfortunately, informal agreements regarding relocation cannot be enforced in court. Florida statute requires a written agreement approved by the court for any relocation to be enforceable. If you have an informal agreement, you will need a waiver of hearing and final judgment to make it enforceable.

Do I Need A Court Order If The Relocation Petition Allows Me To Move?

Yes, even if your petition for relocation is approved, you will still need a court order allowing you to move. A temporary hearing can be scheduled once the petition is filed to determine if you can move during the proceedings or immediately.

The court fast-tracks these petitions for relocation because it is important to know if you can move sooner rather than later. A temporary order or final judgment must be obtained in order to allow the move, or if the court does not allow the move during the proceedings, it can still be requested again at final hearing.

If I Moved Initially And Want To Move Again To A Different State, Do I Need A Court Approval For That?

If you are considering a second move after an initial relocation, the answer to whether you need court approval to relocate depends on the distance you plan to move.

If you are moving within 50 miles of your current residence, Florida Statute 61.13001 requires court approval if it is the first time the parties are entering into a parenting plan or modifying a time-sharing plan.

However, if you are moving more than 50 miles away from your current residence, you will need to file a supplemental petition for relocation, which will include a revised or modified post-relocation schedule. This will outline the access and time-sharing between you and the other parent.

Where Do I File For The Papers Allowing Me To Relocate With My Kids?

The petition can then be filed in the county where you currently reside.

How Do I Get Custody Modified To Allow Relocation So I Can Move If The Custody Order Does Not Allow Me To Move To A Different State With My Kids?

If you already have a time-sharing plan in place and want to move to a different state, you will need to file a supplemental petition for relocation. The court will then review the petition and determine if the relocation is in the best interests of the child or the children involved. It is important to contact me for a consultation to learn more about the relocation related to your specific circumstances.

For more information on Relocating With A Child After Divorce, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (239) 334-4383 today.

Eve McClurg

Call Now For A Free Case Evaluation
(239) 334-4383