40. “I’m getting divorced, can I move with my kids?”

This is a common question people ask when getting divorced and have children.

Florida law is very specific about what is allowed in a “relocation” with minor children.  There is a maximum distance that you can move without the necessity of a court order.  A lot of people, including many lawyers, are not aware that the distance is measured “as the crow flies” (straight line on a map). The answer to the question really hinges on several factors including the reasons for the move and how far the move will be.

Assuming your spouse or ex-spouse does not agree with you, relocating elsewhere with the minor children requires a Petition for Relocation.  Very precise and particular language has to be included in the petition or your case can be thrown out.

There are eleven (11) factors under Florida law that the court will look at to determine whether relocation is in the best interests of the minor children.  Some of the factors include:  the current employment and economic circumstances of each parent and whether the relocation will enhance the general quality of life for both the relocating parent and the minor children.  You will have to prove these factors to a judge.

Because of all these nuances, it is best to hire a skilled and experienced family law attorney if you are considering a relocation with minor children.  Do not hesitate to contact the litigators at Mackey Law Group.  We litigate these types of cases and win!

By: Jose Estigarribia, Esq.