Legal Question in Family Law in Florida

Relocating out of state

My ex-husband gets our kids every weekend and our divorce papers state that we share parental responsibilities, and that I have physical custody of the children.

My husband has been offered an out of state job for more money, and we will be able to provide the kids with a better life (move from an apartment to a house, save for kids college, live in a better area, etc)

Can my ex most likely keep us here since he does see the kids every weekend? Our papers state nothing about moving away, and just say that we ''share'' the kids (again, with me as the one holding physical custody) Also, he is always behind on child support and is not the most stable person.

Also, can we take the job transfer and move out of state with the kids now while waiting on a court date (if necessary) or could I get in trouble?


Asked on 7/20/05, 10:28 pm

2 Answers from Attorneys
David Slater David P. Slater, Esq.

Re: Relocating out of state

The appropriate way to handle this is to seek permission to relocate from the court.

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Answered on 7/20/05, 11:07 pm
Howard Iken The Divorce Center of New Port Richey, Florida

Re: Relocating out of state

Here is a section from the Florida statutes:

Howard Iken, Esq.

New Port Richey, FL

http://18884mydivorce.com

(d) No presumption shall arise in favor of or against a request to relocate when a primary residential parent seeks to move the child and the move will materially affect the current schedule of contact and access with the secondary residential parent. In making a determination as to whether the primary residential parent may relocate with a child, the court must consider the following factors:

1. Whether the move would be likely to improve the general quality of life for both the residential parent and the child.

2. The extent to which visitation rights have been allowed and exercised.

3. Whether the primary residential parent, once out of the jurisdiction, will be likely to comply with any substitute visitation arrangements.

4. Whether the substitute visitation will be adequate to foster a continuing meaningful relationship between the child and the secondary residential parent.

5. Whether the cost of transportation is financially affordable by one or both parties.

6. Whether the move is in the best interests of the child.

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Answered on 7/23/05, 9:28 pm


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