Florida has child custody laws that one must abide by for moving out of state. Having the court’s permission, a parent can move out of state with their child. But court permission is not always easily obtained.
Divorce changes the lives of all people involved. One household becomes two, and children end up moving back and forth between homes. A stay-at-home parent may need a job to sustain themselves, which may well be in another state. A parent who lived away from the immediate family might long for the comfort of having loved ones nearby after divorcing their spouse. Financial or family matters might imply moving hundreds of miles away from where the children live.
Such aspects impact any prior custody and time-sharing arrangements. One question arises: can you move out of state with your children following a high asset divorce in Florida? The short answer is yes, but you will need a court order that allows you to relocate with your children.
Moving out of state with a child following a high net worth divorce is no light thing to consider. The move can significantly impact the other parent’s relationship with the child, along with their ability to exercise their parental rights. In the case of a high asset divorce, where significant financial and property issues are at stake, the decision to relocate with the child can be even more contentious. It is always advisable for parents to consider the consequences of their actions and work closely with their attorneys to come to a resolution that is in the best interest of the child.
As per Florida Statute, permission to move with your child is needed under two circumstances:
As understood from the information above, Florida places restrictions not only on the parent’s ability to move outside the state but also within the state. There is, of course, room for flexibility should there be a good enough reason that would require an extended stay outside the 50-mile/60-day limits, as long as it is not for relocation purposes.
If the prospect of changing residence outside state boundaries is indeed something sought after as a permanent or long-term arrangement, these are the steps to follow:
The easiest way is for the child’s other parent to sign an agreement consenting to the relocation. The agreement must also state the new time-sharing arrangement in place going forward, along with any transportation arrangements. The court will sign off on this agreement and make it an official court order.
Parental responsibility cases are a stressful and emotional process for either party involved. So when this nerve-wracking experience ends with specific provisions, but ultimately one of the parents expresses the desire to relocate with the child, the other parent might not receive the news lightly. If one of the parents does not consent to the planned move, the only recourse is petitioning the court to grant permission to relocate. The petitioning parent will need to show the court that the relocation would serve the best interests of the child.
The decision rests with the court, which will either grant or deny the petition, considering factors such as:
It is important to understand that the court's primary concern is the welfare and best interests of the child. The court may consider additional factors such as:
If the court grants permission to move out of state with the child, it is important to follow the terms of the court order, ensure visitation and keep the other parent informed of all matters concerning the child. If the terms of the court order are violated, the offending party can be found in contempt of court. Depending on the nature of the violation, the custody order might even be modified.
Should the parent move with their child out of state without permission, they will be held in contempt of court, facing financial penalties or even jail time. They will be required to return the child to Florida, whereas custody might ultimately be granted to the non-moving parent.
The types of cases involving moving with your child to a different state after a high asset divorce are highly contentious. When reaching out to The Law Offices of Sean M. Cleary, you can rest assured that our experienced high net worth divorce attorney is adequately prepared to handle such cases. Mr. Sean M. Cleary can assist you in understanding whether you have a legitimate case or a legitimate basis to object to a potential relocation of your child.