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The ex wants to move away with the kids. What's next?

It can come as a jolt when an ex wants to move with the children. Can an ex do this?

In Florida, the answer is not without permission from the other parent or the court.

In Florida, parents have the right to see their children according to the terms of their time-sharing plan. If a parent wants to move more than 50 miles away with children, he or she must notify the other parent. If the other parent objects, the parent seeking the move will need court approval.

Do Florida courts usually approve relocation requests?

Florida courts are in favor of both parents having frequent and continuing contact with children after divorce. As a result, judges do not automatically approve relocation requests. A custodial parent seeking to relocate must show a good reason for the move, such as a written job offer.

A relocation proposal must include a revised parenting plan. The plan may include transportation arrangements to permit time-sharing with the child for the other parent. If a proposal does not meet the requirements of the court, the court may deny it.

Who pays for transportation costs?

Both parents may be responsible for additional transportation costs involved in time-sharing. You may be able to negotiate:

  • Fewer, longer visits
  • Regular Skype visits
  • Reduced child support costs to make up the cost of transportation

Frequent contact with children is important, especially with young children who may forget or become less close with the other parent if they do not see him or her regularly.

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Schipani and Norman, P.A.
1605 Main Street, Suite 1110
Sarasota, FL 34236

Phone: 941-549-8981
Fax: 941-366-7331
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