I Want To Move With My Child. What Do I Need To Do?
If you have sole custody of your child, nothing. But if you currently have a timesharing arrangement in place with your child’s other parent, you need his or her permission to move more than 50 miles from your current location, regardless of whether you plan to move out of state or remain in Florida. For closer moves, no such consent is necessary.
This is because if you have a timesharing arrangement in place, it is because your child benefits from having a consistent relationship with each parent. Moving more than 50 miles will force you to alter your current timesharing plan, which can impact your child’s relationship with his or her other parent. But sometimes, the benefits of this type of move outweigh its impact on the child’s timesharing schedule.
You Need your Former Partner’s Consent to the Move
If your former partner consents to your move, acknowledging how it will impact your child’s timesharing schedule, he or she must submit this consent to the court in writing. This document must include your altered timesharing arrangement. If your child has visitation with other relatives, they must consent to the move as well.
Without Consent, you Need Court Approval
It is possible to relocate more than 50 miles with your child if your former partner does not consent to the move if you receive court approval for the move. To obtain court approval, you must submit a petition to the court that includes the following:
- The address to which you plan to move;
- Your reasons for the move;
- Your proposed new timesharing plan; and
- The date of the proposed move.
Your petition must also include instructions for your former partner to object to the move if he or she chooses. If you do not receive a response from your former partner, the court automatically grants permission for the move. If your former partner objects, the court will schedule a hearing to determine whether to grant permission.
What will the Court Consider to Determine its Approval for my Move?
At your relocation hearing, the court must determine whether your proposed move is in your child’s best interest. To make this determination, the court considers the following:
- Your reason for the move;
- Your former partner’s reason for objecting to the move;
- How the move would impact your current timesharing arrangement;
- The feasibility of your proposed new arrangement;
- How your child’s personal needs will be met following the move; and
- If your child is old enough to voice a reasonable preference, his or her opinion about the move.
Work with an Experienced Tampa Family Lawyer
If you are considering moving with your child, work with an experienced Tampa family lawyer who can help you get the consent or court approval you need by demonstrating exactly how your move is in your child’s best interest. To learn more, set up your initial legal consultation with a member of Bubley & Bubley, P.A. today.
Resources:
childwelfare.gov/topics/systemwide/laws-policies/statutes/best-interest/
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.13001.html
