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How may an ex-spouse relocate with the former couple’s children?

On Behalf of | Oct 6, 2021 | Family Law

If you need to relocate at least 50 miles away from your current principal residence, your ex-spouse must agree if you move with your children. When your ex-spouse does not approve of your plans, however, you may petition the court to resolve the issue.

According to the Florida Legislature’s website, both parents must sign a written agreement before relocating with children. Not only do two ex-spouses need to consent when moving more than 50 miles, but also when the move is permanent. A legally binding document provides evidence of your ex-spouse’s approval.

How may relocation affect my visitation rights?

Because moving away changes your ex-spouse’s ability to spend time with your children, you may need to revise your visitation schedule. A new agreement may include a change in the times that your children previously visited your ex.

By relocating, you and your ex-spouse may also need to revise transportation arrangements. Your signed agreement, for example, may describe your children’s travel modes and how each ex-spouse pays for the trips. If a child requires assistance, such as for a medical condition, you may include the particulars in your revised visitation schedule.

When may I need to submit a petition to the court?

If your former spouse refuses to discuss your move or change a visitation schedule, you may need to contact the court. By submitting a petition to relocate, the court will serve an ex-spouse and confirm his or her approval. If your ex does not respond within 20 days, the court generally considers it an allowable move with your children.

Certain circumstances may require individuals to relocate and take their children with them. Whether for a job or to marry a new partner, the Sunshine State’s laws require a written agreement from both parents. When an ex-spouse refuses, however, submitting a petition to the court may obtain the necessary approval.


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