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Things to Consider When Contemplating Relocation After Divorce

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While parents who divorce may plan on staying in the same home or geographic area for the foreseeable future, it is not uncommon for a change in circumstances to cause a parent to consider relocating at some point down the road. Whether this happens immediately after the finalization of the divorce, or years later, both parents will need to consider the legal ramifications of such a move if their children are still minors. To ensure that your own relocation doesn’t end with you being held in contempt, please reach out to a Fort Lauderdale child relocation lawyer who can help you.

What is Your Current Custody Arrangement?

Whether a person is considering moving to another part of the city in an effort to save money on housing costs, or is thinking about moving to another state because of a job opportunity, there are things that he or she should consider before taking definitive action. One of these considerations is the type of custody arrangement that is currently in place. A person with shared parenting time and parental responsibilities, for instance, will need to work closely with the other parent when making these decisions, as any relocation that would affect the other parent’s visitation could be barred by the court. Those with sole legal and physical custody, on the other hand, may be able to work out a visitation schedule that still allows for relocation.

Where Are You Moving?

There’s a significant difference between relocating across town and moving across the country, or even the state. The shorter move, for instance, might not impact the other parent’s ability to see the child at all, or may only require a few extra miles of driving. In fact, parents who share custody and are considering relocating, are often required by law to modify the terms of their agreement to account for that move. This is only necessary, however, if the change in location is at least 50 miles from the party’s current residence and will last for more than two months. Relocations of greater distances, on the other hand, can seriously impede a parent’s visitation rights. For this reason, both parents will need to enter into an agreement if one wishes to relocate, or the parent who wants to move will need to file a petition with the court.

Do You Want Your Child to Come with You?

Parents who wish to relocate, especially those who have a greater portion of time sharing, may wish to take their child with them when they move. They cannot do so, however, unless the other parent agrees to the move, or the court modifies the time sharing agreement to account for the relocation after assessing a petitioner’s request. Those who do not plan on taking their children, on the other hand, may not need to jump through as many legal hoops, although they should modify their custody agreement to ensure that they still have visitation with their child.

Call Today with Your Questions About Relocating After Divorce

If you are thinking about moving and share children with a former partner, please call experienced Florida child relocation lawyer Sandra Bonfiglio, P.A. at 954-945-7591 to learn more about your legal obligations.

 

Resource:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.13001.html

https://www.sandrabonfiglio.com/avoiding-a-default-judgment-in-divorce/

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