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How Relocation and Child Custody Work After Your Florida Divorce


When couples split up and start to move on with their lives, their careers may take them to places outside Boca Raton, or even out of Florida itself. Normally, this is not a big deal, but it can be if you have children. If you have children and you need or want to move away from your current location, it’s imperative to retain a skilled Boca Raton relocation attorney who can help. Our attorneys at the Law Offices of Schwartz | White have over 50 years of combined experience helping clients protect their children’s best interests while preserving their parental rights in matters involving relocation after a divorce or custody battle.

Florida Law on Relocation

If you plan to move more than 50 miles away from the location noted in your custody documents and plan to take your children, you must have the approval from the court. Depending on how your ex feels, it could go one of several ways.

Florida Statutes 61.13001 states that if a parent is attempting to relocate with a child and fails to comply with the statute, then the parent could be considered in contempt and brought into court. This can result in modifying the parenting plan or time-sharing schedule.

When Both Parents are In Agreement

When parents are in agreement on the move, it can be as simple as filing a written statement with the court. The agreement filed with the court must contain certain information like changes to the schedule and the non-custodial parent’s agreement on the relocation.

When One Parent Disagrees with the Relocation

In many cases, the non-custodial parent will not agree with the move. In these situations, the parent who plans to relocate has to file a petition with the court in order to gain permission. The petition needs to include a variety of information, including the reason for relocation, the specific location where you plan to move (including the address if available), what the proposal is for visitation and parenting schedules, etc. It will also give the non-custodial parent information on how to object to the petition. The judge will review all the information and issue a ruling based on what he or she feels is in the best interest of the child/children.

Evidence Needed for the Hearing

Having the proper evidence to support your petition for relocation is important. Without it, the judge does not have the necessary information to make a decision. Our Boca Raton family law attorneys will help you prepare for the hearing and make sure you have supporting evidence. Some of the information needed can include, but is not limited to:

  • School records
  • Information on proximity of extended family
  • Religion, hobbies, extracurricular activities and community groups your child is involved in
  • Psychological records
  • Counselor reports
  • Adaptability of child to new experiences
  • Attachment to local friends and any pets
  • Availability of educational opportunities in new destination
  • Access to special needs care or medical facilities

Contact a Boca Raton Relocation Attorney Today

If you need assistance with filing or fighting a relocation petition, contact the Law Offices of Schwartz | White today to schedule an initial consultation.

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