Normally, in Florida if a custodial parent wants to move a child more than 50 miles away, for a period of more than 60 days, he or she must notify the other parent before moving. If the noncustodial parent agrees, the parents will file an agreement to that effect with the court. If the noncustodial parent does not agree, the judge will hold a hearing and decide whether or not the move is allowed.
If you know in advance of the divorce that you want to move the children out of state at some point in the near future, it’s important to address this issue in your divorce, so that you do not have to go back to court. It may be possible for you to include a relocation clause that would allow you to move out of state, if the location and details are known at the time of the divorce.
In some cases, you may not wish to move, but you may be forced to for financial reasons. You may no longer be able to afford the home you’re living in, especially if your ex-spouse is not paying child support. In that case, if your former spouse will not consent, you will still have to petition the court for permission. A judge in Pasco County may feel sympathy towards you if you are being forced to move because your spouse is not paying the support he or she owes you.
If there’s a court hearing over the issue, there are several factors the judge will take into account in deciding whether or not to allow the move. The court will consider the child’s relationships with both parents, and how the move will impact the child. If the child is old enough, the court may consider the child’s preference. The court will consider the reasons for the location, and why the noncustodial parent objects.