Can I Move My Child Permanently Out of State After a Divorce?

Child custody in a divorce can be an emotional issue, but things can become even more complicated when it comes to the issue of relocation.

Child relocation is different from taking a child out of the state for a trip, because relocation is a permanent move, and a trip out of state is temporary.

So what happens when a custodial parent decides that it is in the best interests of a child to move to a different part of the state, our entirely out of the state?

What factors will a judge take into consideration when deciding on child relocation?

Factors That Determine Child Relocation After a Divorce 

In Florida, relocation is defined as moving a child at least 50 miles away from an existing residence for at least 60 consecutive days. And if both parents consent to the move and agree on a time-sharing schedule, the court will typically approve of the move.

But if the non-custodial parent objects to the move, the parents will have to attend a hearing where a judge will make a decision based on factors that include:

• The child’s relationship with the non-custodial parent
• Any special needs the child requires such as special education
• The age of the child and how the move will affect his or her development
• Whether the relocation will benefit the child
• The reasons the non-custodial parent object to the move
• The economic status of each parent
• Whether the objecting parent has career opportunities in the city or state where the child is relocating.
• Substance abuse or violence history of both parents

A judge may decide to grant a temporary move to determine how it affects the child, after which, he or she will approve a permanent move. A judge may also grant a permanent move without conditions, or simply deny the relocation if it is not in the child’s best

Helps With Difficult and Challenging Divorce Issues 

Child relocation is one of the most emotional issues that can arise after a divorce, and if you are a non-custodial parent who is seeking to prevent your ex-spouse from moving your child out of state, you need to act fast. The court will always consider what is in the best interests of your child, so you will need to prove that the relocation will adversely affect your child. At the Estevez-Pazos Law Firm, we have the expertise to help you fight to keep your child from leaving the state. Please call us today at 305-717-7130 to schedule a free consultation.

Additional Reading

How To Make a 50/50 Parenting Plan Work

Why Child Custody Mediation May Be the Best Way To Fight For Your Kids