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Moving Out of State With Your Child After Divorce

Divorce LawChild custody is often one of the most contentious parts of a divorce. The state of Florida relies on the concept of timesharing, which is rooted in the idea that both parents should have meaningful amounts of time with their children. Florida courts begin with the presumption of 50/50 timesharing, and then adjust to accommodate each parents work schedules, preferences, and resources. When one party wants to relocate after divorce, the court does not favor one side over the other. It begins by looking at what is best for the child, and considering arguments from both sides.

When Both Parents Consent

If both parents agree to a proposed relocation, the process of moving out of state is fairly straightforward. If you are the party interested in moving, you must draw up a document that includes:

  • Where you plan on moving
  • When the move will occur
  • The home phone number of the new residence
  • Why you want to move
  • A proposed timesharing schedule for after the move.

You must have this document served to the other parent and/or any other person who is part of entitled to time with the child in question. If you and the child’s other parent agree that the move is in the child’s best interest, the judge may grant your relocation request and put the new timesharing schedule into effect.

When One Parent Objects

Many times, relocation requests aren’t that simple. If one parent has strong ties to an area, a major role in the child’s life, or concerns about the relocation, they can object to the move. When this happens, the case must go through the family court system. This means that both parents will have an opportunity to provide evidence to support why their wishes are in the best interests of the child. A family attorney in Florida is extremely helpful in situations like this, since they know how to favorably present the facts of your case.

Keeping the Child’s Best Interests in Mind

Family law judges use a number of factors to determine whether a move is best for the child in question:

  • Employment and economic circumstances of each parent
  • The quality of each parent’s relationship with the child
  • The child’s developmental stage and the impact of a potential relocation on a child’s current stage
  • Whether or not the other parent will be able to maintain their relationship with the child
  • The child’s preferences
  • Why each parent supports or opposes the intended relocation
  • Whether or not the relocation is in good faith
  • Any history of domestic violence or substance abuse

After carefully weighing all of these factors, the judge will decide whether or not to allow the relocation.

Don’t Take on a Timesharing Case On Your Own!

How you handle your child custody case will be one of the most important decisions you’ll ever make. Instead of trying to convince the court on your own, get Estevez-Pazos Law Firm on your side. Call is today at (305) 717-7130 for an initial consultation.

For More Information:

Getting Divorced in Florida: What You Need to Know

Some “Do”s and “Don’t”s of Divorce Planning

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The Estevez-Pazos Law Firm, P.A.

135 San Lorenzo Avenue, Suite 650
Coral Gables, Florida 33146
Fax: 305-234-7028
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