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Can you relocate with your kids after your divorce?

On Behalf of | Sep 5, 2020 | Child Custody |

As you get further into your post-divorce life in Pompano Beach, opportunities may arise that bring with them chance to relocate. You may wish to pursue them, yet doing so can be difficult if you share custody of your children with your ex-spouse.

This prompts the question of whether you can move from your current location given your current custody arrangement. Local family courts certainly do not want you to feel as though you cannot pursue new life opportunities elsewhere, yet at the same time, they recognize the benefit of having both you and your ex-spouse involved in your children’s lives.

Restructuring your custody arrangement

Fortunately, state law provides a way for you to relocate (with your kids) while still respecting your ex-spouse’s custodial rights. Per Section 61.13001 of Florida’s state statutes, you can present an amended custody arrangement to the court prior to relocating that could accommodate your move. The court will respect your wishes and adopt your proposal as your new custody standard provided that it meets the following provisions:

  • Both you and your ex-spouse developed it
  • It clearly details how your ex-spouse will maintain access to your kids following your move
  • It describes a transportation for your kids and your ex-spouse to ensure continued time-sharing

Providing notice of your intent to relocate

Coming to such an agreement, however, assumes that you can work with your ex-spouse amicably on custody matters. If (for whatever reason) that is not possible, the law requires that you that you file a Supplemental Petition and provide notice of your intent to relocate, stating your destination and proposing your own revised custody arrangement. This notice should also contain language stating that your ex-spouse has 20 days from the receipt of it to raise any objections. If none appear during that time frame, the court assumes your ex=spouse consents to the move (and the new arrangement).