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Can I relocate with my child after a divorce?

As we all know, life is full of changes. New jobs and relationships -- or simply the desire for a fresh start -- can result in Florida residents wishing to pack up and move to different states. While most people can do this easily and at their own free will, the same is not true if a child custody order is in place.

When a custodial parent wishes to move to a new location with the child, he or she faces a high burden if the move will limit the other parent's access to the child. In fact, under Florida law, the parent who wishes to move must get the other parent's permission or permission from the court before the move can take place.

Going through with the move without permission can result in an order being issued to have the children returned to Florida immediately with additional consequences for the parent. For that reason, it's important to get the requisite approval before making a move.

In parental relocation cases, the judge presiding over the matter weighs several factors, including:

  • The nature of the child's relationship with each parent and other significant people in the child's life
  • The age and development needs of the child
  • The impacts the move could have on the child's development
  • The feasibility of maintaining a relationship with the non-moving parent if the move takes place
  • The child's preference, if old enough
  • The reasons each parent supports the move or doesn't support the move

As you can see, the judge considers many things when weighing this important decision. That's why it's necessary to seek counsel from an experienced family law attorney who can help you put forth your best case, whether you are the parent wishing to make the move or the parent who is opposing the move.

For more information on how our firm can help parents in parental relocation cases, please visit our Fort Lauderdale Parental Relocation Lawyer page.

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