20 Apr Moving Out of State after your Florida Divorce
Moving Out of State after your Florida Divorce
At one time or another, you were happily married. As time went on, changes in your marriage might have triggered a divorce. Now that you’re divorced, can you just pack up and leave?
That depends on several factors. Once the dust has settled from the divorce, you should be free to go – unless other factors come into play. If it was a clean-cut divorce – meaning there were no children involved and no one was ordered to pay alimony – then you’re free to live your life how you wish. However, once a child custody order is in place, your relocation freedoms may be restricted.
You May Need to Obtain Permission from the Court
Even if you don’t intend to move out of the state, your first step is to measure how far you are attempting to relocate. The State of Florida has placed a 50-mile limit on your relocation – even if you’re not planning on leaving the state. Anything beyond the 50 miles requires the consent of the court. The Majority Time Share Parent is required to serve a Notice of Intent to Relocate to the other parent’s residence. The other parent has 30 days to file a reply.
Relocating Can Impact Custody
Most likely, relocating beyond the 50-mile limit set by the State of Florida will impact the amount of time you can spend with your child. If you are the Majority Time Share Parent, you still need permission, as it can affect the amount of time the other parent can spend with the child.
Relocating Will Trigger a Change in Your Court Order
If the Majority Time Share Parent is intending to move beyond the Florida State lines, a legal agreement with the other parent must be entered into the court. This protects the other parent’s right to the child and modifies the Time Share Agreement. You may be required to release the child to the other parent for longer weekends, more extended vacations or other arrangements as set by the court.