Relocating During a Divorce in Florida
Petitioning or challenging children’s relocation to outside the jurisdiction
As former partners seek to move on with their lives, relocation during divorce or in the years following divorce is common. When children are involved, however, relocation can become a contentious issue.
Our attorneys at the Law Offices of Schwartz | White possess more than 50 years of combined experience resolving complex custody and visitation matters. We help our clients protect their children’s best interests and preserve their parental rights in relocation cases.
Both parents can agree to the children's relocation in writing. We first attempt to obtain consent for the move from the other parent and negotiate a timesharing arrangement to present to the court along with our request for a modification of the parties' original Final Judgment of Dissolution of Marriage.
Petition to relocate
A parent who cannot obtain consent from the noncustodial parent can petition the court for the right to move. The minority timesharing parent can challenge the relocation and request a hearing on the matter. When deciding whether to grant or deny the petition, the court considers whether:
- Relocation has a high probability of improving the quality of life for the children and the relocating parent
- The noncustodial parent has had access to timesharing and has exercised those rights in the past
- The relocating parent is likely to comply with timesharing upon moving out of the jurisdiction
- The visitation arrangement can adequately foster a meaningful relationship between the children and the non-moving parent
- One or both parents can afford to pay the costs of transportation to adhere to the timesharing arrangement
- Relocation is in the best interests of the children
Evidence to prove best interests of the children
Because courts consider the best interests of the children as paramount in relocation decisions, proving this point is crucial to the success of the petitioner or respondent parent. Our divorce lawyers serving Palm Beach County, Boca Raton and all of South Florida help our clients gather relevant evidence that demonstrates which action is in the children’s best interest. This evidence may include:
- School records
- Psychology or counselor reports
- Proximity of extended family
- Extracurricular activities in which the child participates
- Religion, sports and community groups with which the child is involved
- Attachment to friends and pets
- Adaptability of the child to new experiences
- Access to medical or special needs care
- Availability of educational opportunities
Call our Florida attorneys about challenging or petitioning for your children’s relocation
To learn more about children’s relocation decisions in Florida courts, call the Law Offices of Schwartz | White at 561.391.9943 or contact us online to schedule an appointment. We serve all of South Florida from our Boca Raton office, conveniently located off I-95 in the Bank of America Building. Free parking is available.